Monthly Archives: September 2015

ADVERSE INFERENCES FROM MISSING DOCUMENTS AND WITNESSES: ANOTHER CASE TO POINT

We have looked at the decision of Mr Justice Jay in Susan Saunderson & Others -v- Sonae Industria (UK) Ltd [2015] EWCA 2264 (QB) several times, firstly in relation to witness evidence and then in relation to the use of social media in litigation.  However there were arguments as to what inferences the judge should draw […]

CHILDREN AND SUCCESS FEES PART 2: WHAT SUCCESS FEE WAS REASONABLE?

We looked earlier at the decision of the Regional Cost Judge Lumb in the case of A & B -v- The Royal Mail Group  [2015] EW Misc B24(CC)(14th August 2015). As a result of that case the decision of the success fee payable was adjourned for a detailed assessment.  The reserved judgment on that issue was […]

PLEADINGS PROOF AND EVIDENCE: CONFUSION IN ONE OFTEN LEADS TO PROBLEMS WITH THE OTHER

In Mann -v- Shelfside Holdings Limited [2015] EWHC 2583 (QB) the pleadings required rectifying at the start of the trial. The case is an interesting example of problems with pleading and proof. “This is not just a minor pleading point which can be ignored. Such a case would be a wholly different one requiring evidence […]

WHAT A DIFFERENCE A PAGE MAKES: COURT WOULD NOT RECONSIDER JUDGMENT BECAUSE TRIAL BUNDLE WAS MISSING A PAGE

In Absolute Lofts South West London Limited -v- Artisan Home Improvements [2015] EWHC 2632 (IPEC) the claimant had missed a crucial page from the trial bundle. His Honour Judge Hacon refused an application to reconsider his judgment on damages.  If anything showed the importance of checking to ensure that a trial bundle is full and accurate. THE […]

THE SUMMARY ASSESSMENT OF COSTS: A PRIMER

 In the recent post on the case of  SRA -v-Imran we saw the problems posed because the respondent had failed to file a schedule of costs. Rather than order a detailed assessment the judge’s response was to order a “nominal” amount of costs. How is the scenario best avoided. It is often the case that […]

GUIDANCE TO EXPERTS: CORRESPONDENCE TO THE BRITISH DENTAL JOURNAL: WHO DOES AN EXPERT “REPRESENT”?

It is rare that lawyers can look to the British Dental Journal for advice on procedure and evidence.  However there is a beautifully phrased letter in the British Dental Journal “reviewing a review”. THE LETTER The writer was commenting on a review of the Clinical Negligence expert witness book review. The penultimate paragraph ended “should […]

EVIDENCE, THE INTERNET AND SOCIAL MEDIA: FACEBOOK AND YOUTUBE EXPOSE DEFENDANT

The judgment of Judge Seymour in Cirencester Friendly Society -v- Parkin [2015] EWHC 1750(QB) provides another example of how the social media and the internet provides ammunition in litigation. Here we have a case of a defendant helpfully providing telling and compelling evidence against himself. “Nemesis overtook from Mr Parkin most dramatically because, like so […]

ADMINISTRATIVE COURT AWARDS NOTIONAL COSTS: THE PRICE TO PAY FOR THE ABSENCE OF A COSTS SCHEDULE

There is an interesting exchange at the end of the judgment of Mr Justice Dove in The Queen on the application of the Solicitors Regulation Authority -v- Imran [2015] EWHC 2572 (Admin). A REMINDER This is an example of the pitfalls surrounding costs. I have included guidance from PJ Kirby QC below. PJ and I […]

HOW THE BANKS GOT AWAY WITHOUT PAYING COURT FEES (FOR A WHILE)

The judgment of Master Matthews in Santander UK plc -v- The Royal Bank of Scotland plc [2015] EWHC 2560 (Ch) is an important review of the Norwich Pharmacal principles. However that is not what catches the eye.  For a while banks have been making applications, on a very shaky legal basis and without paying appropriate […]

SERVICE OF THE CLAIM FORM: A SORRY TALE OF A DOUBLE WHAMMY

We have looked at the case of Dzekova -v- Thomas Eggar LLP [2015] EWHC 2600 (QB) briefly before.  However the full transcript has become available. It reveals a sorry tale of woe and yet another case of problems with service. This time it happened to a claimant twice. The second time whilst suing her former […]