Monthly Archives: October 2015

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 […]

BIAS IN COURT AND WITNESS EVIDENCE: HOUSES OF PARLIAMENT NOTE: CREDIBILITY AND WITNESSES IN THE CIVIL COURTS

The Houses of Parliament have produced a note on Unintentional Bias in Court which deals with the issue of how assumptions, stereotypes and “contextual information” can influence judgement unintentionally.  The note concentrates upon the impact in criminal proceedings. However it is worthwhile looking at the research in relation to “witness certainty”. Above all, it is important […]

WITNESS STATEMENT TOO SHORT; SKELETON ARGUMENT TOO LONG AND THE JUDGE WAS NOT NOT PERVERSE

In Royal Wolverhampton Hospitals NHS Trust -v- Evans [2015] EWCA Civ 1059 the Court of Appeal rejected an appeal by the defendant against a finding of liability.   There are important observations in relation to procedure which merit examination.  In particular the inferences the court can draw if a witness statement fails to deal with […]

THE DATE OF KNOWLEDGE AND SECTION 33: A CASE THAT CLINICAL AND PROFESSIONAL NEGLIGENCE LAWYERS PROBABLY NEED TO READ

In Rayner -v- Wolferstans & Medway NHS Foundation Trust [2015] EWHC 2957 (QB) Mr Justice Wilkie carried out a comprehensive review of the law relating to date of knowledge and Section 33 of the Limitation Action 1980.  It also touches on the limitation period in professional negligence claims. It is a case where the claimant’s […]

ANOTHER CLAIM FORM NOT SERVED PROPERLY: SERVICE ABROAD AND SERVICE ON A SOLICITOR

In Transportes Viana E Fernandes LDA -v- Baban & others (Brighton County Court, 15th January 2015)*  His Honour Judge Simkiss overturned the order of the District Judge in circumstances where the claim form had not been served properly.  The claim was struck out because of service errors. (* available on Lawtel). “…  the rules have […]