Monthly Archives: February 2015

MORE ON INDEMNITY COSTS AND THE SUMMARY ASSESSMENT OF COSTS AT TRIAL: INTERCITY TELECOMS -v- SOLANKI

In Intercity Telecom -v- Solanki [2015] Judge Simon Brown QC awarded indemnity costs and assessed costs at the end of a trial. It is another useful example of costs being assessed summarily and of a case where conduct has led to indemnity costs being awarded. THE CASE The claimants brought an action for breach of […]

THE LADD -v- MARSHALL TEST: WHAT IS MEANT BY “REASONABLE DILIGENCE”: A TALE OF COMPUTERS IN COURT

An appeal court will only consider new evidence on very limited grounds. The test in Ladd -v- Marshall [1954] 1 WLR 1489 is that the applicant can show that the evidence could not with reasonable diligence have been obtained for use at trial. This test was considered by the Court of Appeal in Rawding -v- […]

Y0UR OPPONENT’S WITNESS STATEMENT CANNOT BE DISCLOSED UNTIL AFTER IT IS USED AT A HEARING IN PUBLIC: A USEFUL REMINDER

The judgment of Mr Justice Warby in Barry -v- Butler [2015] EWHC 447 (QB) contains some important reminders about witness statements. The witness statements received from an opposing party cannot be disclosed generally until they are used at a hearing in public. Further this is a rule of general application. As the case shows this […]

NO RE-ALLOCATION AT THE COURT OF APPEAL STAGE JUST TO GET COSTS: CONLON -v- ROYAL SUN INSURANCE PLC

In Conlon -v- Royal Sun Insurance plc [2015] EWCA Civ 92 the Court of Appeal refused to re-allocate a costs at the appeal stage when the application was made solely for the purpose of attempting to recover costs. THE ISSUES The claimant appealed an order in relation to the appropriate rate for car hire necessary […]

SETTING ASIDE JUDGMENT. DELAY AND THE DENTON CRITERIA: ANOTHER IMPORTANT CASE

In Avanesov -v- Shymkentpivo [2015] EWHC 394 (Comm) Mr Justice Popplewell considered the issue of setting aside judgment after a long period of delay by the defendant and the relevance of the Denton criteria. THE CASE The defendant applied to set aside a judgment in default of acknowledgement of service entered on the 31st Jly […]

MORE ON BUNDLES: THERE IS MUCH TIME & MONEY TO BE SAVED YET

I have often commented (and been surprised) by the fact that a post on preparing trial bundles is always the most popular page on this blog.  Following a prompt from Dominic Regan it was interesting to watch the live feed of the Coventry case and the problems that were taking place with the different pagination […]

INADEQUATE WITNESS STATEMENTS LEAD TO CASE BEING STRUCK OUT AT TRIAL

We have looked at the case of  Devon & Cornwall Autistic Community Trust -v- Cornwall Council before.  In the first report Mr Justice Green refused an application to adjourn a trial date but gave permission to serve witness evidence late.  The witness evidence that was served led to the action being struck out by Mr […]

ANOTHER EXAMPLE OF A SUCCESSFUL DEFENDANT NOT RECOVERING ALL OF ITS COSTS (AND OF THE ADVANTAGES OF A PART 36 OFFER)

In Altus Group (UK) Limited -v- Baker Tilly [2015] EWHC 411 (Ch) HH Judge Keyser QC (sitting as a High Court Judge) made various orders in relation to the Defendant’s costs.  The Defendant did not recover all their costs of defending the action.  However a well placed Part 36 helped the Defendant. THE CASE The […]

UNSUCCESSFUL APPEAL AGAINST GRANT OF RELIEF FROM SANCTIONS: HOME GROUP LIMITED -v- MATREJEK

There may be a few appeals pending where a party is arguing that relief from sanctions should be granted on the grounds of the Denton criteria which “modified” the Mitchell test.  The unusual aspect of the decision in Home Group Limited -v- Matrejek [2014] EWHC 441 (QB) was that the case was decided on the […]

DECIDING CASES ON PAPER: WOODLANDS, EVIDENCE & DECIDING CASES “ONLINE”

The decision in Woodland -v- Maxwell looked at in an earlier blog is interesting because it is one of the rare cases where the Court of Appeal carried out a (brief) analysis of the evidence in the case more than three years before the trial judge. It illustrates the importance of cross-examination and highlights the […]