Monthly Archives: September 2015

NEW RULES COMING INTO FORCE ON THE 1st OCTOBER 2015: MEET PRECEDENT Q

A reminder that there are new rules coming into force today, together with some changes to the Practice Directions. WHERE TO FIND THEM The civil procedure rules are here The amendments to the Practice Directions are here 81st Update PD Making Document KEY CHANGES An addition to rule 3.1  “including hearing an Early Neutral Evaluation with the […]

RESPONDENT TO APPLICATION TO AMEND PLEADINGS ORDERED TO PAY COSTS BECAUSE THEY SHOULD HAVE CONSENTED

I am grateful to Tobias Haynes from Regulatory Legal solicitors for sending me details of a judgment given today in relation to the costs of amendment. This is based on Tobias’ note of the judgment which was given today (30th September 2015). Stephen Mark Brecons & others -v- Powerscourt Services Ltd & others. A decision […]

WITNESS CREDIBILITY WHEN BOTH SIDES ARE NOT WHOLLY TRUTHFUL: THE APPROPRIATE APPROACH

This blog has looked, many times, at the approach that the courts take in relation to conflicting witness evidence. Particular problems arise when both sides are being less than truthful.  Many of these principles involved have developed out of hard fought commercial disputes. However they were considered and applied by Sir Robert Nelson in ABC […]

SILENCE ON KEY ISSUES DOES NOT PROVE YOUR CASE: SQUARING UP TO WITNESS EVIDENCE

The judgment of Recorder Halpern QC in Canada Square Operations Ltd -v- Kinleigh Folkard & Hayward Limited (17/09/15)* is interesting for a number of reasons. Firstly on issues of limitation; secondly on the point that a court will not infer points in favour of a party who has the burden of proof and has failed […]

SERVICE OF THE CLAIM FORM; RELIEF FROM SANCTIONS AND CHALLENGING THE JURISDICTION: A COMPLEX MIX?

The decision of Judge Hacon in Cant -v- Hertz Corporation [2015] EWHC 2617 (Ch) raises some interesting issues.  However, equally interesting, are the issues that were not addressed. In particular the issues relating to the applicability of CPR Part 11 in relation to alleged mis-service of the claim form. THE CASE The claimant amended a […]

DEFENDANT COUNTERCLAIMING EXEMPLARY DAMAGES AGAINST FRAUDULENT CLAIMANTS: AN INTERESTING REPORT

There is a report in the DWF update section of the case of Akhtar & Khan -v- Ball, a decision of HHJ Gregory on 10.7.15. It raises an interesting issue in relation to a counterclaim by a defendant faced with a fraudulent claim. The defendant counterclaimed claiming damages in the tort of deceit and was […]

“DOCUMENTS WIN CASES”E-DISCLOSURE AND EVIDENCE FOR THE 21st CENTURY LITIGATOR: LEEDS 20th OCTOBER; LONDON 22nd OCTOBER

There is a panel session on e-disclosure and evidence  in central Leeds on the 20th October  and again in Lincoln’s Inn on the 22nd October. Both start at 4.00 pm and last two hours. LIVE AT LEEDS The session in Leeds involves  Chris Dale from the eDisclosure Information Project, Jonathan Maas from Huron and me. […]