THE OVERRIDING OBJECTIVE AND CPR CANNOT BE USED TO OVERRIDE THE REQUIREMENT THAT CASES BE DEALT WITH “JUSTLY”: HIGH COURT DECISION
The judgment of Mr Justice Lane in Ibrahim v London Borough of Haringey & Anor [2021] EWHC 731 shows an unsuccessful attempt to argue that the “overriding objective” justified a preliminary finding made after the court did not hear evidence….
CASE MANAGEMENT, “RELEVANCE” AND ATTEMPTS TO HOLD THE COURT “IN TERROREM”: MORE ON THE POST OFFICE CASE (SOME EXTRAORDINARY ISSUES HERE)
I am returning to the judgment in Bates & Ors v Post Office Ltd (No 3) [2019] EWHC 606 (QB) because parts of the judgment set out arguments and conduct of litigation that is, to say the least, unusual. This part…
SERVICE OF THE CLAIM FORM: DEFENDANTS HAVE A DUTY UNDER THE CPR TO POINT OUT TECHNICAL ERRORS (OR WHY LIFE HAS SUDDENLY GOT A LOT HARDER FOR DEFENDANT LAWYERS)
NB THIS DECISION WAS OVERTURNED ON APPEAL – SEE THE POST HERE I wrote earlier this week about the “tantalising” judgment of Master Bowles in the case of Woodward & Anor v Phoenix Healthcare Distribution Ltd [2018] EWHC 334 (Ch). At…
SERVICE OF THE CLAIM FORM AFTER BARTON: IS THERE A DUTY ON A DEFENDANT’S SOLICITOR TO POINT OUT A MISTAKE?
It was unlikely that the decision in Barton v Wright Hassall LLP [2018] UKSC 12 would put an end to all issues relating to service of the claim form. There is a tantalising judgment* of Master Bowles in Woodward & Anor v Phoenix Healthcare…
PROPORTIONALITY AND CASE MANAGEMENT: THE OVERRIDING OBJECTIVE APPLIES ON A MACRO SCALE: “ACADEMIC” ISSUE SHOULD PROCEED TO A HEARING
In London Borough of Haringey v Simawi [2018] EWHC 290 (QB) Mr Justice Nicklen expressly considered the Overriding Objective when determining whether a human rights issue that could be rendered “academic” should continue to a hearing. “Those rules are directed at…
KNOW (AND FOLLOW) THE RULES – OR ELSE: DPP COPS IT.
There is some irony in the decision of Mr Justice Fraser in R (RA) -v- The Director of Public Prosecutions [2017] EWHC 714 (Admin). The claimant, a litigant in person, complied with the rules. The defendant, a specialised government department…
LATE SKELETON ARGUMENTS, ADJOURNMENTS AND THE OVERRIDING OBJECTIVE
In Owgilo -v- The General Medical Council [2017] EWHC 419(Admin) Mr Justice Dove considered the situation when a witness statement was served late and the applicant requested an adjournment. The overriding objective played a prominent part in the decisions made….
EXPERTS AND THE OVERRIDING OBJECTIVE: DEFENDANT ALLOWED TO RELY ON EXPERT ALSO USED BY CLAIMANT
In Wheeldon Brothers Waste Limited -v- Millennium Insurance Company Limited [2017] EWHC 218 (TCC) Mr Justice Coulson allowed the defendant to rely on an expert that had also been instructed by the claimant. The circumstances are unusual and the case needs…
AMENDMENT TO ADD NEW ISSUES THAT HAVE ARISEN SINCE ISSUE: CONSIDER THE OVERRIDING OBJECTIVE AND NOT THE RSC
I said that there would be two posts about the judgment of Master Marsh in The Football Association Premier League Limited -v- O’Donovan [2017] EWHC 152 (Ch). The first looked at the lifting of the automatic stay. Here we look…
APPLICATIONS ARE EXPENSIVE: NINE POINTS FROM AUSTRALIA TO REDUCE COSTS
Given the recent increase in court fees in relation to applications it is prudent for everyone involved to look for a means to avoid the need for applications, or reduce their client’s exposure to costs. Similar problems are faced throughout…
"INAPPROPRIATE TECHNICAL GAMES": ANOTHER CASE ABOUT SERVICE OF THE CLAIM FORM: DEFENDANT SNAPPED INTO SHAPE
The judgment of His Honour Judge Hacon in Abbott -v-Econowall Ltd [2016] EWHC 660 (IPEC) contains some important observations about the conduct expected in litigation. Also some important lessons in relation to agreeing extensions of time for service. “…parties to…
DAMNED IF YOU DO: DAMNED IF YOU DON'T: AGREEING COSTS BUDGETS AND COMPLYING WITH THE OVERRIDING OBJECTIVE
“Are lawyers colluding on fees?”, asked Rachel Rothwell in the Law Society Gazette yesterday. Rachel was reporting on a concern, albeit a low key one expressed by some judges that parties are “colluding” to keep their fees high in costs…
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