Monthly Archives: April 2015

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 […]

DECISION REGULARISING SERVICE OF UNSEALED CLAIM FORM NOT SET ASIDE EVEN THOUGH UNAUTHORISED BODY HAD SERVED THE CLAIM FORM

In Heron Bros Ltd -v- Central Bedfordshire Council (No 2) [2015] EWHC 1009 (TCC) Mr Justice Edwards-Stuart declined an application to vary his original order that service of an unsealed claim form, served under the Public Service Regulations, was an irregularity that could be cured.  The application was made on the grounds that the entity […]

THE “URGENT NEED FOR COMMERCIAL PRACTITIONERS TO BRING A SENSE OF PROPORTION” TO LITIGATION: EVIDENCE NEEDED IN WHEN ARGUING SECURITY FOR COSTS “STIFLES” AN ACTION.

In Kazakhstan Kagazy Plc -v- Baglan Zhunus [2015] EWHC 996 Mr Justice Walker had strong words to say, and constructive guidance to give, in relation to some aspects of commercial litigation.  The case further serves as a reminder of the nature of the evidence that a party has to adduce when opposing an application for […]

FOREIGN JUDGMENTS, EXTENSIONS OF TIME AND RELIEF FROM SANCTIONS

In Christofi -v- National Bank of Greece (Cyprus) Ltd [2015] EWHC 986 (QB) Mrs Justice Andrews DBE considered whether the court had power to extend time in relation to an application to set aside registration of a foreign judgment. She also made some important observations in relation to relief from sanctions. THE CASE The bank […]

WITNESS STATEMENTS, EXHIBITS AND NOT MAKING AN EXHIBITION OF YOURSELF: THE OFTEN IGNORED RULES ABOUT EXHIBITS TO WITNESS STATEMENTS

Your life will not be complete unless you have read a post about exhibits to witness statements. The “exhibiting” of documents is common. It is surprising how common it is for the exhibit, and the witness statement, to fail to comply with the rules. Here we look at the rules relating to exhibits and useful […]

PLEADING, PARTICULARITY, SUMMARY JUDGMENT AND STRIKING OUT: WAIT UNTIL AFTER DISCLOSURE

In Dellal -v- Dellal [2015] EWHC 907 (Fam) Mr Justice Mostyn made some important observations about the need for particularity in pleading THE CASE The claimant was bringing an action  under the Inheritance (Provision for Family and Dependants) Act 1975 against a number of dependants alleging that payments had been made to them out of […]

THE AMENDED PRE-ACTION PROTOCOLS ARE OUT: THE LINK

The revised Pre-Action Protocols are now available (3 days after they came into force). THE LINK The Protocols are available on the Justice website and available here.  There are 119 pages. THE AMENDMENTS Amendments are made to 8 of the Protocols.  I will set out the major changes in due course.