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 August 2016 Johnson Fleming Summary of the Insurance Act 2015 – key changes […]

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 […]

There are several reasons litigators should read the judgment of Master Matthews in Coral Reef Limited -v- Silverbond Enterprise Limited [2016] EWHC 874 Ch. For the discussion of whether a Master is bound by the decision of a High Court judge (they are not); for the consideration of whether a court can draw adverse inferences […]

The judgment of Master Matthews in Lyons -v-Kerr-Robinson [2016] EWHC 2137 (Ch) contains a cautionary tale for anyone proposing to use an alternative to solicitors to conduct their litigation.  The defendant in this case used licensed conveyancers. Their charges were “extraordinary”; the conveyancers ceased practising leaving no-one with any practical means of redress. “On any […]

The Law Society Gazette today reported that the threshold for appealing to the Court of Appeal is not to change.  There is, however, a removal of the automatic right to an oral hearing when seeking permission from the court. Coincidentally Bailli today has a number of reports of oral hearings where permission to appeal was […]

In Azim -v- Tradwise Insurance Services Limited [2016] EWHC B20 (Costs) Master Leonard found that a conditional fee agreement could properly be assigned. KEY POINTS An assignment of a CFA between solicitors was valid. The validity of an assignment did not depend on there being an ongoing relationship of trust between the client and the […]

In the Matter of F (a Minor)  EWHC 2149 (Fam)Mr Justice Hayden had to consider whether an expert report should be admitted in a family case.  The comments on the expert evidence are of general relevance. “The overall impression is of an expert who is overreaching his material, in the sense that whilst much of […]

There are several interesting issues arising out of the judgment of Master Clark in Lifestyles Equities C.V. -v- Sportsdirect.Com Retail Limited [2016] EWHC 2092.   In particular the fact that the decision in Richard Lewis & Others -v- Ward Hadaway [2015] EWHC 3503 (Ch) did not feature at all. Rather than applications to strike out for abuse […]

In Signia Wealth Limited -v- Marlborough Trust Company Limited [2016] EWHC 2141 (Ch) Chief Master Marsh considered two issues relating to case management: whether costs budgeting should apply and whether a split trial was appropriate. KEY POINTS Costs budgeting A high value action stayed within the costs budgeting regime because the claim form limited the […]

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