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 24th November 2016 The Law Society Gazette – Costs lawyers complain solicitors can’t keep […]

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. SEPTEMBER 2016 Billington -v- Davies [2016] EWHC 1919 (Ch) (If the Defence is filed late the claimant is still entitled to […]

We are returning to the case of Francis -v- Knapper [2016] EWHC 3093 (QB).  That case has been looked at in relation to a failure to prove damages.  However the claimants also had major evidential problems in proving misrepresentation. KEY POINTS For a party to succeed in a case for misrepresentation they have to establish that […]

There was one part of the argument in Francis -v- Knapper [2016] EWHC 3093 (QB) that justifies closer examination. That is the claimant’s suggestion that the question of damages be put off.  A party struggling to prove damages at trial is likely to struggle in an application to have the issue of damages heard later. THE […]

A constant motif in this series has been the ability of litigants to arrive at trial and not be able to prove central parts of their case – including damages.  This is exemplified in the judgment of Mr Justice Baker in Francis -v- Knapper [2016] EWHC 3093 (QB). After a six day trial the claimants […]

I have written about the Gestmin principles many time on this blog.  The importance of every litigator knowing about the fallibility of memory, and the way in which a trial judge is likely to approach these issues, is shown in the judgment of Mr Registrar Briggs in Cusack -v- Holdsworth [2016]  EWHC 3084 (Ch). “… the fallibility […]

In the judgment today in Phonographic Performance Ltd -v- Raymond Hagan [2016] EWHC 3076 (IPEC) Judge Hacon considered the interaction between a fixed costs regime and Part 36. KEY POINTS The fixed cost rules in the Intellectual Property Enterprise Court (IPEC) can be displaced by a Part 36 offer. If a defendant fails to beat […]

In Holyoake -v- Candy [2016] EWHC 3065 (Ch) Mr Justice Nugee decided that a second application for security for costs was not an abuse of process.  The judgment reviews the law relating to second applications and abuse in detail. It contains some important lessons for anyone considering withdrawing an application, but reserving the right to […]

It is unusual to look at the substantive judgment in a case after examining the decision on costs. We have already looked at the cost judgment in Amey LG Limited -v- Cumbria County Council [2016] EWHC 2496. However the substantive judgment, at [2016] EWHC 2856 (TCC) fits well within the proving things series.  It is […]