Monthly Archives: October 2015

DAMNED IF YOU DO: DAMNED IF YOU DON’T: AGREEING COSTS BUDGETS AND COMPLYING WITH THE OVERRIDING OBJECTIVE

“Are lawyers colluding on fees?”, asked Rachel Rothwell in the Law Society Gazette yesterday.  Rachel was reporting on a concern, albeit a low key one expressed by some judges that parties are “colluding” to keep their fees high in costs budgets. Sometimes it appears that lawyers simply cannot win. BY AGREEING BUDGETS THE PARTIES ARE […]

WITNESS EVIDENCE & THE BURDEN OF PROOF: A CIVIL TRIAL IS NOT A SEARCH FOR THE ABSOLUTE TRUTH: FOOTBALLERS ON TRIAL

Anyone looking for a detailed consideration of the law relating to witness evidence and the burden of proof can find it in the judgment of His Honour Judge Butler  (sitting as a High Court judge) in GB -v- Stoke City Football Club Ltd [2015] EWHC 2862 (QB).  There was a stark difference of evidence and […]

PROVING THINGS BY EVIDENCE: SUCH A QUAINT, OLD FASHIONED CONCEPT

The judgment of the Court of Appeal in One Money Mail Ltd -v- RIA Financial Services [2015] EWCA Civ 1084 highlights a surprisingly common theme in many judgments. A party wants damages but has simply failed to adduce the evidence to prove any losses. “Someone on each side in litigation such as this, with sufficient […]

APPLICATION FOR INDEMNITY COSTS REFUSED: A HIGH COURT DECISION

In the judgment today in Harlequin Property (SVG) Limited -v- Wilkins Kennedy [2015] EWHC 3050 (TCC) Mr Justice Coulson refused an application for indemnity costs and reduced the sum claimed from £51,787.50 to £35,000. THE CASE The claimant made a number of applications, including an application to revise the terms of an order for security […]

LIMITATION :”STANDSTILL AGREEMENT” HAS WIDE SCOPE & COVERS CLAIM IN DECEIT: COURT OF APPEAL DECISION

In Mortgage Express -v- Countrywide Surveyors Limited [2015] EWCA Civ 1110 the Court of Appeal construed a limitation “standstill” agreement. It is, possibly, the first time a “standstill” agreement has been construed on appeal. Given that these agreements are now increasingly popular, so as to avoid excessive court fees. The decision may have considerable practical […]

CPR 3.10 STOPS A CLAIM FROM SINKING: USING THE WRONG FORM NOT FATAL TO AN ACTION

In LD Commodities Rice Merchandising LLC -v- The Owners and/or Charterers of the Vessel Styliani Z [2015 ] EWHC 3060 (Admlty) Mr Justice Teare considered a case where the claimant used the wrong form to issue an action, this could have had major, and devastating, consequences. The judge considered the provisions of CPR 3.10 and […]

LATE APPLICATIONS TO ADJOURN: ABSENT WITNESSES AND CPR 33.4 WHEN A WITNESS IS UNWILLING TO ATTEND

Mrs Justice Whipple had to consider several preliminary applications in the case of American Express Services Europe Ltd -v- Al-Shabrakah [2015] EWHC 3004 (QB). There are several important observations in relation to applications to adjourn and witness evidence where a party relies on the Civil Evidence Act. THE CASE The claimant was seeking sums due […]

ISSUING WITHOUT AUTHORITY: THE DANGERS OF SOLICITORS SIGNING STATEMENTS OF TRUTH: ACTION STRUCK OUT AS AN ABUSE OF PROCESS

This blog has looked, several times, at the dangers of solicitors signing documents which contain a statement of truth. The risks are clearly set out in the decision of Mrs Justice Rose today in Bao Xiang International Garment Centre -v- British Airways PLC [2015] EWC 3071 (Ch). THE CASE The claimants issued a claim form […]

AN OFFER IS NOT AN ADMISSION: HIGH COURT REJECTS APPLICATION FOR JUDGMENT ON ADMISSIONS

The previous post looked at the decision Mr Justice Coulson in The Dorchester Group Ltd -v- Kier Construction Limited [2015] EWHC 3051 (TCC) in relation to disclosure.  Here we look at the decision in relation to the claimant’s application for judgment on admissions. “Courts must always encourage parties to make offers, in whatever form is […]

BUDGETS , PROPORTIONALITY AND DISCLOSURE: THE RELEVANT TEST APPLIED WHEN A PARTY “GOES AWRY”

The judgment of Mr Justice Coulson in The Dorchester Group Ltd -v- Kier Construction Limited [2015] EWHC 3051 (TCC) contains much of interest in relation to admissions and procedure. However there are also interesting observations in relation to the way in which disclosure had been given and how the budget had been exceeded for, as […]