Monthly Archives: April 2015

PAYMENTS ON ACCOUNT OF COSTS DO NOT BREACH BREACH INDEMNITY PRINCIPLE AND SHOULD BE A “REASONABLE SUM”

In XYZ -v- Transform Medical Group (CS) Limited [2015] EWHC 1151 (QB) Mrs Justice Thirlwall DBE considered several issues in relation to payments on account of costs. THE CASE The action is a group action in which nearly 1000 women seek damages from companies running private hospitals for supplying defective implants. In September 2014 the […]

FAILURE TO GIVE ADEQUATE REPLIES TO PART 18 QUESTIONS LEADS TO ACTION BEING STRUCK OUT: RELIEF FROM SANCTIONS REFUSED

In his judgment today in Griffith -v- Gourgey [2015] EWHC 1080 (Ch) Mr Justice Simon addressed the issue of whether an action stands struck out if a party gives inadequate replies to Part 18 questions after a peremptory order has made made.  He found that the inadequate nature of the replies meant the action was […]

ANOTHER LATE WITNESS STATEMENT: RELIEF FROM SANCTIONS REFUSED

There is a brief report on Lawtel of the decision of Judge Robinson in Buswell -v- Symes (QBD 20/04/2015) this involves another case where a witness statement was served late and permission to rely upon that statement was refused. * THE CASE The claimant was bringing an action for personal injury.  Part of his case […]

EVIDENCE, PLEADINGS, RE-OPENING CASES AND THE HIGH DUTY OF CARE OWED AT ORAL APPLICATIONS TO APPLY FOR PERMISSION TO APPEAL

This appears to be a day for cases relating to local authorities, disrepair and pleading points. In Uddin -v- London Borough of Southwark [2015] EWCA Civ 369 the Court of Appeal considered several issues relating to evidence, pleadings and the duties owed on oral applications for permission to appeal. THE CASE The claimant had succeeded […]

JUDGE SHOULD NOT HAVE MADE COSTS ORDER WHICH WIPED OUT CLAIMANT’S DAMAGES: COURT OF APPEAL DECISION TODAY

In Begum -v- Birmingham City Council [2015] EWCA Civ 386 the Court of Appeal allowed an appeal by a claimant where the decision on costs at first instance effectively deprived her of damages. THE CASE The issue is succinctly summarised by Jackson LJ in the second paragraph. Part 1. Introduction This is an appeal by […]

COURT CANNOT RE-OPEN “FINAL JUDGMENT”: ISSUES RELATING TO DEFENDANT’S CAPACITY: EVESHAM –v- WERRETT CONSIDERED

In the judgment today  in Eversham & Pershore Housing Association Ltd -v- Werrett [2015] EWHC 1060 (QB) Mr Justice Nicol held that the court could not re-open a decision because of later evidence in relation to the defendant’s capacity. THE CASE The claimant housing association brought possession proceedings because of the defendant’s anti-social behaviour.  An […]

WITNESS STATEMENTS AND AVOIDING JAIL: ARE YOU PROTECTING YOUR CLIENTS AND PROTECTING YOURSELF?

In the recent case of Hughmans -v- Dunhill [2015] EWHC 716 (Ch) an interesting point arose about the drafting of a witness statement when a (former) client alleged that it had largely been drafted by her (former) solicitor. The assertion was not accepted. However this judgment highlights a point that disappointed clients can, and sometimes will, blame […]