Monthly Archives: October 2014

THAT WITNESS STATEMENT I SIGNED: IT’S JUST NOT TRUE

There is an interesting discussion of witness evidence in the judgment of Mr Justice Eder in Austen -v- Pearl Motor Yachts Ltd [2014] EWHC 3544 (Comm). The case was opened on the basis that certain key facts in a witness statement were simply not true. This highlights the needs for solicitors to insist that statements […]

SECTION 14A OF THE LIMITATION ACT: DON’T RELY ON s.14A BEING A GOOD INVESTMENT

In Susan Jacobs -v- Sesame Ltd [2014] EWCA Civ 1410 the Court of Appeal held that the claimant could not take advantage of s.14A of the Limitation Act 1980.  The date of knowledge was much earlier than that found by the trial judge. SECTION 14A In crude terms s.14A provides a “date of knowledge” exception […]

CASE STRUCK OUT BECAUSE DELAY WAS AN ABUSE OF PROCESS: WEARN -v- HNH CONSIDERED

In Wearn -v- HNH International Holdings Ltd [2014] EWHC 3542 (Ch) Mr Justice Barling struck out a claim for delay, holding that the claimant’s delay amounted to an abuse of process. There are also a few interesting observations about the role of experts and a detailed consideration of the principles relating to striking out an […]

HELP WITH COSTS BUDGETING AND PRECEDENT H: ALL THE USEFUL LINKS IN ONE PLACE – UPDATED

  THERE ARE NUMEROUS POSTS ON THIS BLOG ABOUT COSTS BUDGETING AND PRECDENT H.  THESE ARE UPDATED ON A REGULAR BASIS. AS A REMINDER HERE ARE THE IMPORTANT LINKS TO GUIDANCE ON COSTS BUDGETING AND PRECEDENT H MOST RECENT LINKS District Judge Besford & Ken Corness, Costs Lawyer: Cost budgeting in Practice Bidwell Henderson on […]

COSTS BUDGETS IN HIGH VALUE CASES, ADR AND CASE MANAGEMENT: A VERY IMPORTANT HIGH COURT CASE

In CIP Properties (AIPT) Ltd -v- Galliford Try Infrastructures Ltd [2014] EWHC 3546 (TCC) Mr Justice Coulson set out important principles in relation to granting specific stays to allow ADR, Case Management and the ability of the court to impose costs budgeting in high value cases that are not subject to mandatory budgeting. THE ISSUES […]

EXTENSIONS OF TIME: RESPONDENT’S NOTICES AND THE “MITCHELL” PRINCIPLES & THE “SERIOUSNESS AND SIGNIFICANCE OF THE BREACH”

The question of the general applicability, and the application, of “Mitchell” principles was considered today by the Court of Appeal in Altomart Ltd -v- Salford Estates (No 2) Limited [2014] EWHC 1408. The court considered the principles to be applied in relation to late service of a respondent’s notice. The case also provides some guidance […]

COSTS, OFFERS AND ESTATES: A CASE IN POINT

There is an interesting discussion as to costs in the judgment of HH Judge Hodge QC in Goenka -v- Goenka [2014] EWHC 2966 (Ch). This also shows the difficulty in dealing with costs issues at the end of a long trial. THE BACKGROUND The judgment was given at the end of a trial where the […]

IF YOU THINK THE WHEELS OF JUSTICE CAN GRIND SLOWLY: TRY THE EU! IMPORTANT DECISION ON DISCLOSURE, CONFIDENTIALITY, REDACTION AND THE POWER OF THE COURT TO REVIEW ITS EARLIER ORDERS

A decision by Peter Smith J in Emerald Supplies Ltd -v- British Airways PLC was considered in the previous post. However another issue arose in the same case which is at [2014] EWHC 3513 (Ch). The application was of an unusual kind, however it contains some interesting, and trenchant, observations. In particular in relation to […]

SUMMARY JUDGMENT AND STRIKING OUT: COMPLEX ISSUES CANNOT BE DECIDED SUMMARILY

The decision of Peter Smith J in Emerald Supplies Ltd -v- British Airways PLC [2014] EWHC 3514 (Ch) highlights the difficulties in seeking summary determinations or striking out of cases and issues in complex cases. The judge declined to grant summary judgment or strike out parts of the case in circumstances where these issues were […]

ADJOURNMENT OF SUMMARY JUDGMENT HEARING TO ARGUE NOVATION? NO VAY

In A.T. Stannard Ltd -v- James Tobutt and Thomas Tobutt  [2014] EWHC 3491 (TCC) Mr Justice Akenhead refused an application for the adjournment of a hearing for summary judgment to allow the defendants to, belatedly, argue novation of a contract. THE ACTION The application was for summary judgment on an adjudication decision in which the defendants […]