Monthly Archives: July 2014

DENTON APPLIED: A (VERY) BRIEF REPORT

The Denton principles were mentioned, in passing, in the judgment of HHJ Moloney QC In NNN -v- DI [2014] EWHC B14 (QB). The defendant had been in default in serving a list of documents on the claimant.   A peremptory order had been made requiring the defendant to file a list of documents. THE JUDGE’S […]

QUOCS IN THE COURT OF APPEAL: FOUR IMPORTANT ISSUES: WAGENAAR CONSIDERED

The decision of the Court of Appeal in Wagenaar -v- Weekend Travel Ltd [2014] EWCA Civ 1105 was reported today. It contains important observations  and decisions on qualified one way costs shifting, something that is likely to become a major part of the litigation landscape. THE ISSUES There were four issues for the Court of […]

PRINCIPLES OF MITIGATION OF LOSS & THE CREDIBILITY OF EXPERT WITNESSES: A HIGH COURT DECISION CONSIDERED

The case of Hirtenstein -v- Hill Dickinson LLP [2014]  EWHC 2711 (Comm) where judgment was given today contains many interesting lessons for those involved in professional negligence litigation in particular.   Here I just want to concentrate upon two: (i) principles relating to mitigation of loss; (ii) expert evidence. THE ISSUES AT TRIAL: NEGLIGENCE AND […]

DRAFTING WITNESS STATEMENTS: “4 GOLDEN RULES” DIRECTLY FROM THE JUDGES WHO HEAR THE CASES

 I have recommended before that litigators read the guidance for litigants in person. It provides useful insights for most litigators and covers most aspects of civil procedure. It is written by six Circuit Judges so it can be safely assumed that all guidance comes directly from the front line of litigation.   This applies to […]

GUIDELINES ON HOURLY RATES: NOT MUCH HAS CHANGED: NEED FOR MORE RESEARCH

The long awaited (and long delayed) guidance on hourly rates has been published. The Courts and Tribunals Judiciary commentary and guidance can be found here. The Committee’s letter to the Master of the Rolls is here The response of the Master of the Rolls is here The Report is here MOST OF THE COMMITTEE’S PROPOSALS […]

LITIGATION AFTER JACKSON (POST DENTON EDITION): 12 POINT SURVIVAL GUIDE

In August last year I wrote Litigation after Jackson a  10 point Survival Guide.  All of the points made in that post remain valid. I have added another 2 to deal with the situation post -Denton. The biggest danger, post Denton, is complacency.  Much useful guidance comes from the Denton decision. However it was not […]

DENTON APPLIED IN THE TAX TRIBUNAL: NO PERMISSION TO APPEAL THREE YEARS LATE

The Mitchell and Denton cases were reviewed by Judge John Brooks in Meah -v- The Commissioners for Her Majesty’s Revenue & Customs [2014] UKFTT 708 (TC).  The proposed appellant was three years late.  The refusal of permission to appeal out of time is hardly surprising.  Permission to appeal would most probably have been refused even under […]