Monthly Archives: December 2013

CAN THE COURT CUT DOWN THE NUMBER OF WITNESS STATEMENTS? MACLENNAN –v- MORGAN SINDALL CONSIDERED.

 One little noticed part of the Jackson reforms was the introduction of a new to CPR 32.2 (3) which gives the court express powers to identify or limit the number of witnesses a party may call. That power has now been considered by Mr Justice Green in Maclennan –v- Morgan Sindall [2013] EWHC 4044 (QB).  […]

MORE MITCHELL MAYHEM: USE OF SQUARE BRACKETS LEADS TO COSTS BUDGET BEING DISALLOWED

A  report by Tom Gibson in PI Brief Update makes worrying reading. The headline reads “ Would a district judge strike out a costs budget because it contained the phrase “[Statement of truth]”, in square brackets, rather than the full statement of truth wording? Yes, in this particular case, so be warned!” The report can […]

CIVIL PROCEDURE, COSTS & SANCTIONS: LINKS TO RECENT ARTICLES AND POST

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 8th January 2016 John Hyde on Young Lawyers should not live in fear of […]

ISSUING PROCEEDINGS A SECOND TIME: NOT AN ABUSE OF PROCESS: HALL –v- MINISTRY OF DEFENCE EXAMINED

Can a claimant issue again if an action is struck because of a  failure to comply with the rules and? This is likely to become a question of considerable interest given the number of cases that are failing because of the stringency of the Mitchell criteria.  A recent High Court decision offers some comfort for […]

DRAFTING WITNESS STATEMENTS AND THE LAWYER AS WITNESS

There have been several posts about drafting witness statements on this blog.  Here I am referring readers to comments made by Richard Moorhead in his blog “Lawyer Watch”. The first refers to a case where the solicitor for a party gave evidence in the case; the second relates to ethical difficulties in drafting witness statements. […]

SURVIVING MITCHELL A PRACTITIONER’S GUIDE 3: IF YOU CANNOT COMPLY WITH A RULE OR PRACTICE DIRECTION THEN MAKE AN APPLICATION BEFORE IT IS BREACHED

The Mitchell case makes it clear that applications for relief from sanctions made after breach will be granted sparingly.  Here we consider the merits of making an application in advance of the date of breach.  WHAT THE COURT OF APPEAL SAID IN MITCHELL The subject of applications made in advance of the date of breach […]

RELIEF FROM SANCTIONS AND SERVING NOTICE OF FUNDING: A TALE OF TWO CASES

 Results of relief from sanctions applications are now being reported regularly. Here we look at two apparently contrasting applications in relation to relief from sanctions and the failure to give notice of funding. Both cases were reported today; both are decisions of High Court Masters; the results are different.  HARRISON –v- BLACK HORSE LTD [2013] […]