Monthly Archives: January 2015

CFA NOT FRUSTRATED BY CAPACITY: BLANKLEY APPEAL DRAWS A BLANK FOR DEFENDANT

In Blankley -v- Central Manchester and Manchester Children’s University Hospitals NHS Trust [2015] EWCA Civ 18, where judgment was given today, the Court of Appeal upheld the first instance decision that a claimant’s subsequent incapacity does not invalidate a claimant’s conditional fee agreement THE CASE The claimant entered into a conditional fee agreement with her […]

ABSENT WITNESSES ARE NOT NECESSARILY DECISIVE: WESTERN TRADING CONSIDERED

Several recent posts have looked at the inferences the court can draw in circumstances where a witness is not called or is silent on key points.  This issue was mentioned  in a judgment today by H H Judge Mackie QC in Western Trading Ltd -v- Great Lakes Reinsurance (UK) PLC [2015] EWHC 103 QB. THE […]

INFERENCES TO BE DRAWN FROM SILENCE: THE VIEWS OF THE SUPREME COURT

In the recent case of  Gordon Ramsay -v- Gary Love [2015] EWHC 65 Mr Justice Morgan considered, among other things, the inferences that could properly be drawn from the absence or silence of a witness. He refers to the relevant principles being recently invoked by the Supreme Court in Prest -v- Prest [2013] 2 AC […]

APPEALING COSTS BUDGETS: THE RELEVANT CRITERIA CONSIDERED AND APPLIED

The decision of H H Judge Freedman in Havenga -v- Gateshead NHS Foundation Trust [2014] EWHC B25(QB) demonstrates how difficult it is for a party to appeal a costs budget. THE CASE The claimant was bringing a claim for hemiplegic cerebral palsy, liability had been agreed on a 75:25% basis. The claimant put the value […]

THE DANGERS OF A PART 36 OFFER: CLAIMANT PAYS THREE TIMES MORE IN COSTS THAN HE RECEIVED IN DAMAGES

The dangers of a claimant rejecting a Part 36 offer are clearly demonstrated in the case of UWUG Ltd & Haiss -v- Ball [2015] EWHC 74 (IPEC). The claimant received damages of £2,859.20 but was ordered to pay the defendant  a balance in costs of  £9,710. THE CASE The defendant (Mr Ball) had been found […]

COSTS AT THE END OF THE CASE: THE JUDGE CAN MAKE OBSERVATIONS ABOUT MATTERS OUTSIDE THE COSTS BUDGET

The judgment of H.H. Judge Simon Brown Q.C in Excelerate Technology Ltd -v- Cumberbatch [2015] EWHC B1 Mercantile contains some interesting observations at the end. This illustrates the need for trial counsel to be aware of both the costs budget and the need to ask the trial judge to consider matters outside the trial budget. […]

THE RIHANNA CASE AND OPINION EVIDENCE IN WITNESS STATEMENTS: BEEN THERE, DONE THAT GOT THE TEE SHIRT

We should, perhaps, get used to celebrities dominating the law reports. After court fees are increased they will be the only people who will be able to afford litigation in any event.  The case of Robyn Rihanna Fenty -v- Arcadia Group Brands Limited [2015] EWCA Civ 3 is the headlines today. Less well publicised is […]