Monthly Archives: September 2014

DRESSING FOR COURT: GUIDANCE AND LINKS FOR LAWYERS, LITIGANTS AND WITNESSES

There has been a lot of debate recently about appropriate dress for court. I am not going to discuss the reports that gave rise to that. However at least that should lead to a consideration of appropriate dress for court.  In the U.K. that is relatively easy for lawyers.   Here we look at professional […]

COSTS CAPPING IN THE COURT OF APPEAL: DON’T BANK ON THE TIDE BEING IN YOUR FAVOUR

In Tidal Energy -v- Bank of Scotland Plc Arden L.J. considered, and rejected, an application for costs capping in relation to a forthcoming Court of Appeal hearing. The Court was keen to discourage satellite litigation in the Court of Appeal. Costs capping is not generally used when the costs can be controlled on assessment. THE […]

THE WITNESSES SAY THE OTHER SIDE IS LYING: WHAT DOES THE JUDGE DO? A GORGEOUS BEAUTY CONSIDERED!

We have looked before at issues of witness credibility, particularly in relation to the drafting of witness statements. This was an issue considered by Arnold J in Gorgeous Beauty Ltd -v- Liu (and others) [2014] EWHC 2952 (Ch). It provides an example of the way the trial judge approaches a case where there are allegations […]

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 […]