This section provides  links to posts and articles on civil procedure and  evidence. There is an emphasis on sanctions and costs. Linking does not indicate approval or agreement but that all discussion on these issues is useful. RECENT POSTS AND ARTICLES 25th September 2016 Lexis Nexis Dispute Resolution – Changes to appeals – what’s happening […]

This section  looks at decisions in relation to relief from sanctions and the general principles of CPR 3.9. Often there are links to the decisions themselves, together with links to posts on this blog. APRIL 2016 Murray -v- BAE Systems (Liverpool CC 1st April 2016) Costs budget served late: relief from sanctions allowed on appeal […]

The Court of Appeal is attempting to deal with a backlog.  The Civil Procedure (Amendment No.3) Rules 2016 come into force on the 3rd October 2016.   The primary change is in relation to the way in which applications for permission to appeal are dealt with in the Court of Appeal. THE APPEALS THE NEW […]

How do judges decide whether a witness is accurate in their recollection? This issue has been a common theme on this blog.  This was an issue considered by Mark Cawson QC (sitting as a Deputy High Court Judge) in The Connaught Income Fund, Series 1 -v- Hewetts Solicitors  [2016] EWHC 2286 (Ch).   The case shows the […]

This blog has looked many times at cases which consider the practical implication of the test in Central Manchester Health Authority v W (A minor) [1998] PIQR P324: the inferences a trial judge should infer when witnesses are noted called at trial. This issue was considered by His Honour Judge Butler in Wignall -v- The Secretary […]

Who has a right of audience at a Stage 3 hearing? This issue has been considered in the county court and I am grateful to barrister Jonathan Dingle for sending me a copy of the decision of District Judge Peake in McShane -v- Lincoln (Birkenhead County Court 28th June 2016). click-here-to-see-case “With the introduction of the […]

Problems with service of the claim form are a regular feature of this blog. I have written, many times, about the dangers of leaving service of the claim form until the last minute.  I have also written, many times, about the need to clarify the address for service as early as possible (see the “related […]

We have covered many countries so far in this series which looks at the advice that judges give on advocacy.  For the next few posts I have decided to stay closer to home.   I want to look at the talk given at Bristol University Law School  in December 2014 by Mr Justice Mostyn “The […]

Can a party refer to without prejudice correspondence at interlocutory hearings? The previous post looked at the judgment of Chief Master Marsh in Ravenscroft -v- Canal & River Trust [2016] EWHC 2282 (Ch) in relation to the issue of McKenzie friends. That judgment also considered the circumstances where a party could use without prejudice litigation. “However, […]