Monthly Archives: September 2014

THE JUDGE, THE EXPERT, CAUSATION AND DAMAGES: THE APPROPRIATE APPROACH WHEN THE DEFENDANT HAS MADE A BAD SITUATION WORSE

The decision of Foskett J in Reaney -v- University Hospital of North Staffordshire NHS Trust [2014] EWHC 2016 (QB) contains important observations on the role of the judge and the expert in assessing damages for care. It also contains a careful consideration of the principles that apply when a defendant has made someone with serious […]

THINKING OF ISSUING WITHOUT A LETTER BEFORE ACTION? THINK AGAIN IT MAY BE BAD FOR YOUR HEALTH(CARE)

In Baxter Healthcare UK Ltd -v- Fresenius Kabi* (17/09/14) Judge Hacon set out the dangers of issuing proceedings without sending a letter before action. THE ISSUES The claimant issued proceedings without sending a letter before action. The dispute was resolved. The defendant contended that the same result would have followed without the need for proceedings. […]

ADDUCING A SECOND EXPERT WITNESS LATE IN THE DAY: THWAYTES -v- SOTHEBYS CONSIDERED

There is a brief report on Lawtel today of a decision of Rose J in Thwaytes -v- Sothebys (16/09/2014) where permission was given for the defendant to rely on an additional expert and the application was heard six weeks before trial. THE FACTS The claimant’s claim was for misattribution of a painting sold for £42,000 […]

INDEMNITY COSTS, COSTS BUDGETING AND WITNESS STATEMENTS:INTERVIEW ON KELLIE -v- LLOYD

There is a feature on the Lexis Nexis Dispute Resolution Blog where I answer questions about the implications of the judgment in Kellie and another v Wheatley & Lloyd Architects Ltd [2014] EWHC 2886 (TCC), [2014] All ER (D) 152 (Aug) in relation to indemnity cost, costs budgets and the witness evidence in that case. It […]

COSTS IN THE SUPREME COURT: NEGLIGENT SOLICITORS ORDERED TO PAY COSTS OF BOTH SIDES

What costs order should the Supreme Court make when an appellant succeeds in establishing that wills are valid despite the fact that they have been improperly executed because of negligence on the part of a solicitor? A pragmatic view was taken by the Supreme Court. The insurers of the negligent solicitors should pay the costs […]

CHANGES TO CHANCERY PROCEDURE FROM 1st OCTOBER

Master Marsh has put out two Practice Notes which deal with changes in Chancery Procedure from the 1st October 2014. The first deals with lodging of documents electronically and in hard copy.  Documents will not be able to be filed electronically at court until 2015. The second deals with the drawing up of Chancery Masters’ […]

COSTS CLAIMED AS DAMAGES 2: THE CASE LAW IN DETAIL

I am grateful to P.J.Kirby Q.C. for responding to the previous post on costs claimed as damages.  The situation is far more complex than the passage cited in the Rentokil case suggests. THE ISSUE P.J. asked whether the case of British Racing Club Drivers’ Club Ltd -v- Hextall Erskine & Co [1996] PNLR 523 had […]

WHAT IS THE POSITION WHEN LEGAL COSTS ARE CLAIMED AS A HEAD OF DAMAGES?

The case of Rentokil Initial -v- Goodman Derrick LLP [2014] EWHC 2994 (Ch) was looked at in the previous post in relation to evidence.  However it also raised an interesting issue as to the approach a court should take when a party is claiming legal costs, paid to resolve a transaction, as part of the claim […]

LITIGATION: EVIDENCE; MITIGATION OF LOSS AND “BLACK BOXES” IN THE EVIDENCE

The case of Rentokil Initial -v- Goodman Derrick LLP [2014] EWHC 2994 (Ch) contains some interesting observations on evidence. In particular what is the position when a party claims privilege and fails to disclose legal advice relating to a settlement when the settlement is a key part of the claimant’s claim for damages. THE CASE […]

CORONER’S HEARINGS AND THE USE OF HEARSAY EVIDENCE

The Chief Coroner has issued a Law Sheet on the use of Hearsay Evidence in Coroner’s Courts.  It is available here THE KEY POINTS Hearsay evidence is admissible in coroner’s courts. Once it is admitted its value is a matter of weight in all the circumstances. Coroner’s are not bound by the strict law of […]