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 18th October 2016 Charles Bagot of Hardwicke Chambers asks the (possibly rhetorical) question – […]

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 have looked, briefly, at the Court of Appeal decision in Jamadar -v- Bradford Teaching Hospitals NHS Trust [2016] EWCA Civ 1001. I am grateful to Aaron Vodden   of  Hempsons for sending me a copy of the transcript which has only recently become available. One interesting feature of the case was the claimant’s failure […]

One decision that has led to interlocutory skirmishing and opportunistic applications is  Lewis v Ward Hadaway [2016] 4 WLR 6, [2015] EWHC 3503 (Ch) and the consequences of failing to pay the correct court fee on issue.  This has left many ancillary issues open ended, and no end of interlocutory sparring in some cases. Some of […]

Most law reports will look at the findings of law made in a judgment. In this blog we are interested in findings of fact and the way in which a judge goes about making those findings.  A good example can be found in the judgment of Mrs Justice Rose in The Libyan Investment Authority -v- […]

We have looked at many different types of case during this series. However this is the first time we have looked at an Admiralty case and at case about the “scuttling” of a ship.   The judgment of Mr Justice Teare in Kairos Shipping Ltd -v- The Standard Club Europe Ltd [2016] EWHC 2412 (Admlty) […]

There is an ongoing debate about whether the Defendant should, or does, face any adverse consequences when a Claimant’s Part 36 offer is accepted late.  I had a recent email from solicitor John McQuater of Atherton Godfrey.   Here I look at two contrasting cases and, with his permission,  John’s views – to add to […]

In a judgment given today in Merrix -v-Heart of England NHS Foundation Trust Regional Costs Judge District Judge Lumb  (sitting in Birmingham) considered the extent to which the costs budgeting regime fettered the powers and discretion of the costs judge on detailed assessment. (A pdf copy of the judgment is available here merrix-final-approved-judgment) “It is the […]

This is the ninth (and penultimate) post in this series. It is inspired by a search term on this blog today “Can a solicitor dress casually in county court”.  This caused a lot of attention when I mentioned in on Twitter (even leading to a discussion of how academics should dress). However this is a […]