Monthly Archives: January 2015

THE MITCHELL CASE AND COSTS: IN THE NEWS AGAIN

My apologies for relying on a non-legal source. However the BBC reports that Mr Mitchell has been ordered to pay both sets of costs in the defamation action. THE CASE BBC News reports a decision of Mr Justice Mitting that Mr Mitchell must pay both the costs of the newspaper and the police officer in […]

LATE SERVICE OF WITNESS STATEMENTS AND RELIEF FROM SANCTIONS IN THE HIGH COURT

In Devon & Cornwall Autistic Community Trust -v- Cornwall Council [2015] EWHC 129 (QB) the claimant’s application for the adjournment of the trial date was refused. However the claimant was given permission to serve witness statements late.  Mr Justice Green carried out a comprehensive review of the law and principles relating to effective case management […]

MORE ON ADVERSE INFERENCES FROM ABSENT WITNESSES: A CLINICAL NEGLIGENCE CASE

In Webb -v- Liverpool Women’s NHS Foundation Trust [2015] EWHC 133 (QB) HH Judge Saffman (sitting as a judge of the High Court) considered the implications of an important witness not called by the defendant in a clinical negligence case. THE CASE The claimant was alleging negligence during labour which led to Elb’s palsy. One […]

SUMMARY JUDGMENT: CONDITIONAL LEAVE TO DEFEND NOT A RUNNER-UP PRIZE: A BARRIER TO THE FLOODGATES ARGUMENT?

In Global Flood Defence Systems Ltd -v- Van Den Noort Innovations BV [2015] EWHC 153 (IPEC) HH Judge Hacon made it clear that a court would only make an order giving conditional leave to defend in limited circumstances. THE CASE The claimants brought an action in relation to allegations of unjustified threats of proceedings for […]

GET YOUR WITNESS TO CHECK THEIR STATEMENT CAREFULLY: OR ELSE

Many earlier posts have concentrated upon the need for care and accuracy in the drafting of witness statements. A classic example of the problems that can occur is shown in the judgment of Mr Justice Warby in David Halberstam -v- Sterm [2015] EWHC 179 (QB). THE CASE The claimants were seeking a declaration that certain […]

THE DUTY OF FULL AND FRANK DISCLOSURE: A CASE IN POINT

In PCV -v- The Y Regional Government of X [2014] EWHC 68 (Comm) Mr Justice Hamblen set out, in clear terms, the rigorous nature of the duty to give full and frank disclosure to the court when making a without notice application. THE CASE The defendants were seeking to set aside an order permitting the […]

PRELIMINARY APPLICATIONS: DEPARTING FROM COST BUDGETS AND FAILURE TO SERVE COST SCHEDULES: A HIGH COURT DECISION

In Simpson -v- MGN Limited [2015] EWHC 126 (QB) Mr Justice Warby considered several contentions in relation to costs budgeting; non-service of costs schedules and proportionality. This is, again, a case that serves as an object lesson as to the difficulties that can arise. THE CASE In a defamation action the judge had granted the […]