Monthly Archives: August 2015

HIGHER COURT FEES IN THE (NOT TOO DISTANT) FUTURE: THE GOVERNMENT RESPONSE TO CONSULTATION

The government response to the consultation process on court fees is now available. WHAT IT SAYS (“FOR THE MOST PART WE HAVE IGNORED EVERYONE AND THE INCREASES WILL GO AHEAD IN ANY EVENT”). “Following a consultation launched by the Coalition Government in January 2015, today’s Government Response confirms that we will:  Increase the fees […]

ASKING LEADING QUESTIONS AND WITNESS STATEMENTS: THIS IS GOING TO END BADLY: EIGHT CRUCIAL POINTS ON EVIDENCE (& THEN 10 MORE)

I am returning to the judgment of Mr Justice Jay in Susan Saunderson & Others -v- Sonae Industria (UK) Ltd [2015] EWCA 2264 (QB).  Among other things this case emphasises the dangers of  leading questions when interviewing witnesses. There are dangers in leading questions. The consequent evidence can be misleading and, ultimately, harmful to the party […]

THE STATEMENT OF TRUTH: DOES IT NEED “BEEFING UP”: THE POLICE SAY WITNESSES DON’T UNDERSTAND IT’S SIGNIFICANCE!

The statement of truth is central to modern litigation, and at every stage of the litigation.  However it is worthwhile considering whether, in its current form, it is effective. THE ACCIDENT EXCHANGE CASE It is worthwhile reading the judgment in Accident Exchange Ltd -v- George-Broom & others [2015] EWHC 2205 (Admin). The Divisional Court refused […]

THE EFFECT OF QOCS ON LITIGATION: HERE’S THE THING: CASES WILL BE FOUGHT ON THEIR MERITS

There has been much debate about the impact of QOCS on litigation. To date much of this has, inevitably, been speculative. However it is worthwhile reading George Riley’s article, Fundamental dishonesty and litigation in the post-Jackson landscape.  This shows, honestly and clearly, the thinking behind the defendant’s stance in a case that – pre QOCS […]

“CONDUCT UNRAVELS ALL”: INDEMNITY COSTS AND COSTS ON ACCOUNT: A FAMILY CASE

In the judgment today in  Joy -v- Joy-Morancho (No 3) [2015] EWHC 2507 (Fam) Mr Peter Singer awarded indemnity costs against the respondent husband.  Many of the observations  in relation to costs are of general relevance to civil litigators as well as family lawyers. “Where one party hatches a wholly deceptive presentation, pursues it persistently […]

MISCONDUCT ON ASSESSMENT LEADS TO REDUCTION OF COSTS BY 50%: KERINS -V- HEART OF ENGLAND NHS FOUNDATION TRUST

There is a report on Lawtel today of the decision of District Judge Griffith in Kerins -v- Heart of England NHS Foundation Trust (Birmingham, 31st July 2015). The claimant’s costs were reduced by 50% because of misconduct in the assessment process. “Misrepresenting the position in a bill of costs intended for consideration by an opponent […]

A FAILURE TO DISCLOSE CAN BE JUST AS TELLING AS DISCLOSURE ITSELF: EVIDENCE, INFERENCES AND THE BLUE ANGEL CASE

The decision of Mr Robin Hollington QC (Sitting as a Deputy Judge of the Chancery Division) in Davy -v- Croxen [2015] EWHC 2372 (Ch) (“The Blue Angel case”) contains some illuminating observations about the practicalities and costs of disclosure and the potential practical impact of  a refusal to disclose documents. “I will say at the […]