Monthly Archives: July 2015

THE CHIPS ARE DOWN FOR EXPERT WHO FAILED TO DECLARE AN INTEREST

In The Ritz Hotel Casino Ltd -v- Al Geabury [2015] EWHC 2294(QB) Mrs Justice Simler DBE was critical of an expert who failed to declare an interest in a case. The expert had become a treating doctor. “It was no answer that this did not affect his written evidence because he had no conflict at […]

THAT “PARTIAL” ADMISSION: IT IS STILL BINDING AND YOU MAY NOT BE ALLOWED TO RESILE FROM IT

The judgment of Mr Justice William Davis in Cavell -v- Transport for London [2015] EWCA 2283 (QB) has some important observations in relation to admissions and attempts to resile from admissions. “It cannot be in those interests to permit the withdrawal of an admission made after mature reflection of a claim by highly competent professional […]

COSTS AND CONDUCT 3: THE COURT OF APPEAL AND ISSUE BASED COSTS ORDERS

This is the third case today about the issue of costs and the conduct of proceedings. It is the most  complex, Smith & Nephew plc -v- ConvaTec Technologies Inc [2015] EWCA Civ 803. THE CASE The Court of Appeal allowed an appeal by Convatec and dismissed an appeal by Smith & Nephew in relation to […]

COMMITTAL PROCEEDINGS AGAINST “EXPERT WITNESSES” ARE NOT AN ABUSE OF PROCESS

The decision of the Divisional Court in Accident Exchange Ltd -v- Nathan John George-Broom & Ors [2015] EWHC 2205 (Admin) is certainly a development in the practice relating to dismissal. THE CASE The claimants applied to commit a number of “experts” who gave evidence on spot hire rates in actions for car hire. The respondents […]

COSTS AND CONDUCT 2: LOSER PAYS ALL APPLIES: MOORE IS NOT LESS

In The London Borough of Tower Hamlets -v- The London Borough of Bromley [2015] EWHC 2271 (Ch) Mr Justice Norris refused an application for an issue based order and made an order for costs under the general rule that the defendant pay the successful claimant’s costs. “One should depart from the general rule only where […]

COSTS & CONDUCT 1: MULTIPLE PARTIES, “BULLOCK” AND “SANDERSON” ORDERS AND INDEMNITY COSTS TO THE DEFENDANTS

There are several cases today where the courts have considered the issue of where costs should fall and how judicial discretion should be exercised.  The first we consider is Asghar -v- Ahmad [2015] EWHC 2234 (QB) a decision of Mr Justice Jeremy Baker. THE CASE The claimants brought an action against several defendants.  They succeeded against […]

OUCH! THINKING OF DRAFTING A COSTS BUDGET? BEST READ THIS FIRST

The judgment of Mr Justice Stuart-Smith in GSK Project Management Ltd -v- QPR Holdings Ltd [2015] EWHC 2274 (TCC) is one that needs to read by anyone involved in preparing a costs budget. To say the judge was critical of the costs budget would be a mild understatement – excoriating may be a better phrase […]