THROWBACK FRIDAY: SCHEDULES AND COUNTER-SCHEDULES ARE NOT A “NUMBER CRUNCHING EXERCISE” (APRIL 2018)
If there is a judgment that still resonates in practical terms today it is the one we are considering here. It asks the answer how should schedules be drafted? It then gives the answers. This was in a case where…
SCHEDULES OF DAMAGES: WEBINAR 4th JULY 2018: YOU WON’T HAVE FAR TO TRAVEL
Following on from the recent post on drafting schedules and Wright v Satellite Information Services Ltd [2018] EWHC 812 (QB) I am presenting a webinar on schedules of damages on the 4th July 2018, looking at these issues in more detail,…
CIVIL PROCEDURE BACK TO BASICS 5: SCHEDULES AND COUNTER-SCHEDULES: NOT A NUMBER-CRUNCHING EXERCISE
If there is anything that suffers from being taken for granted it is the basic schedule and counter-schedule. This is demonstrated in the judgment available today in Wright v Satellite Information Services Ltd [2018] EWHC 812 (QB) Mrs Justice Yip. The appeal…
APPEALS, COUNTER-SCHEDULES AND A RESERVE POSITION: NOT MANNA FOR THE DEFENDANTS
We will be looking at the Court of Appeal decision in Manna -v- Central Manchester Hospitals NHS Trust [2017] EWCA Civ 12 twice today. Here I want to look at the difficulties the defendant had in arguing a point in…
TOO LONG OR TOO SHORT: SCHEDULES and COUNTER-SCHEDULES: THE "CINDERELLAS" OF THE LITIGATION PROCESS
One important, but often overlooked, element of procedure and legal drafting is the preparation of the schedule of damages and the counter-schedule. The rules relating to these documents are sparse. However these are important documents, often impacting upon the credibility…
THE ARROYO CASE WAS A BIG & COMPLEX ACTION: THE PROBLEMS WERE SIMPLE (AND COMMON) 1: UNCHECKED SCHEDULES OF DAMAGES
The judgment of Mr Justice Stuart-Smith in Arroyo -v-Equion Energia Limited [2016] EWHC 1699 TCC is 1885 paragraphs long. The trial lasted from the 15th October 2014 to the 5th March 2015, that is 62 court days. The judgment actually…
SORTING MAJOR PROBLEMS OUT IN THE MIDDLE OF A TRIAL: SCHEDULES AND STATEMENT OF ISSUES SHOULD BE PREPARED IN ADVANCE NOT DURING A TRIAL
The major purpose of case management is to ensure that when a matter reaches trial the parties, and the judge, know precisely what the issues are in Redd Factors -v- Bombadier Transportation [2014] EWCH 3138 (QB) this process clearly went…
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