Monthly Archives: June 2015

HOW THE COURT ASSESSES WITNESSES: NOT A NUMBERS GAME

In TM -v- St George’s Healthcare NHS Trust [2015] EWHC 1866 (QB) Sir David Eady considered the judicial approach to witnesses and the burden of proof, stressing that the assessment of evidence is not a “numbers game” THE CASE The claimant was bringing a defamation action alleging she was libelled by hospital staff.  Much of […]

THE LIMITS OF ISSUE BASED COSTS ORDERS: COMMERCIAL LITIGATION IS ABOUT MONEY (WHO KNEW?)

In The Northampton Regional Livestock Centre Company Ltd -v- Cowling [2015] EWCA Civ 651 the Court of Appeal made some important observations about costs, issue based orders and success, particularly in commercial cases. THE CASE The Court of Appeal were considering an appeal in relation to actions for negligence, breach of fiduciary duty, and breach of […]

EXTENDING TIME FOR SERVING PARTICULARS OF CLAIM: AN APPLICATION AHEAD OF TIME SAVES THE DAY

In Lachaux -v- Independent Print Ltd [2015] EWHC 1847 (QB) Mr Justice Nicol considered the question of whether the court has power to prospectively order  an extension of time for service of the particulars of claim. He also considered the question of the court’s discretion to set aside an order made without notice. THE CASE […]

SIMILAR FACT EVIDENCE IN CIVIL PROCEEDINGS: A REVIEW OF THE CASES

In MRH -v- The County Court Sitting at Manchester [2015] EWHC 1795(Admin) considered earlier there was a tantalisingly short reference to similar fact evidence. This was not considered in detail by the Administrative Court, however it does highlight some interesting issues. THE “SIMILAR FACT” ISSUE IN MRH In her defence Keoghs referred to 11 other […]

A WITHDRAWN PART 36 OFFER DOES NOT ATTRACT INDEMNITY COSTS: GULATI -v- MGN

In Gulati -v- MGN [2015] EWHC 1805 (Ch) Mr Justice Mann considered whether indemnity costs should be awarded in circumstances where a Part 36 offer was withdrawn in one case and a “Calderbank” offer made in the other. KEY POINTS A Part 36 offer which is withdrawn does not have the same consequences of an […]

MAKING FINDINGS OF FRAUD WITHOUT A PARTY BEING REPRESENTED 2: A HEARING IN THE ADMINISTRATIVE COURT

In MRH Solicitors -v- The County Court sitting at Manchester [2015] EWHC 1795 (Admin) the Administrative Court, in essence, overturned findings of fraud against solicitors who had not been notified of the allegations and not given any opportunity to respond. “In this case the Recorder made findings of dishonesty which he should not have made […]

APPEAL COURT CAN DECIDE ISSUES BETWEEN EXPERTS ON FOREIGN LAW: AND ANOTHER LOOK AT WITNESS STATEMENTS

 The issue of when an appeal can court take its own view on expert evidence was considered in Group Seven Limited -v- Allied Investment Corporation Limited [2015] EWCA Civ 631. The judgment at first instance also makes for informative reading on the issue of witness statements and witness credibility. THE CASE The defendant appealed against […]

EVIDENCE, COSTS AND THE CREDIBILITY OF WITNESSES: A CANADIAN VIEW

This blog has discussed  issues relating to the judicial approach of  the credibility  of witnesses many times.  Some judges have, shall we say, not been backward in giving their views on the “value” of the evidence of some of the witnesses before them. However anyone interested in this issue (which should be all litigators) should […]

IF FINDINGS OF DISHONESTY ARE TO BE MADE THEN WITNESSES HAVE TO BE HEARD

Two cases in two days have shown the difficulties that arise when findings of dishonesty are made by judges without hearing evidence. Here we look at the difficulties that arose when a judge held a trial without hearing evidence and made adverse findings of fact about the integrity and honesty of witnesses. FINDINGS MADE ON […]

PREVIOUS COSTS ORDERS STAND EVEN AFTER DISCONTINUANCE: A HIGH COURT DECISION

In Dar Al Arkan Real Estate Company -v- Al Refai [2015] EWHC 1793 (Comm) Mr Justice Andrew Smith considered whether discontinuance of an action should have an effect on previous costs orders. THE CASE The claimants had agreed terms of settlement with certain defendants and obtained an order for permission to discontinue against Mr Al […]