Monthly Archives: November 2015

WHEN THE CREDIBILITY OF THE LAY AND EXPERT WITNESSES LIES IN SHREDS

The previous post in relation to Part 36 led me to examine the substantive judgment of Mr Justice Coulson in Van Oord UK Limited -v- Allseas UK Limited [2015] EWHC 3074 (TCC). It contains as damning an assessment of witness evidence as I have seen (and this blog has covered many damning assessments of both […]

IS THIS A CLAIMANT’S OR DEFENDANT’S OFFER? ANOTHER IMPORTANT HIGH COURT DECISION ON PART 36

In Van Orrd Uk Limited -v- Allseas UK Limited [2015] EWHC 3385 (TCC) Mr Justice Coulson considered the appropriate consequences when the defendant had beaten its own Part 36 offer. These were unusual circumstances in that the  court had to consider whether this was a “claimant’s” Part 36 offer or a defendant’s offer. “The bundles […]

BE CAREFUL WHERE YOU SERVE A NOTICE OF COMMENCEMENT: PAYING PARTY ESTOPPED FROM TAKING A POINT AS TO SERVICE

In Edray Ltd -v- Canning [2015] EWHC 2744 (Ch) Stephen Jourdan QC (sitting as a Deputy High Court Judge) considered an issue relating to estoppel and waiver when a Notice of Commencement had not been properly served. “The bill of costs that was enclosed was for a total of £4,107. That is the most that […]

CLARIFICATION OF A PART 36 OFFER HAS A MAJOR EFFECT ON COSTS

CPR 36.8 STATES “(1) The offeree may, within 7 days of a Part 36 offer being made, request the offeror to clarify the offer”.  In Bailes -v- Bloom (23/11/2015, Simler J QBD)* the fact that clarification had been provided had a major impact upon the order for costs. KEY POINTS A Part 36 offer had […]

RELIEF FROM SANCTIONS REFUSED IN £30 MILLION CASE: NOT ALL SANCTIONS ARE EQUAL

In Sinclair -v- Dorsey & Whitney (Mr Justice Popplewell 20/11/2015)* an application for relief from sanctions was refused in a case that the claimant valued at £30 million. THE CASE The claimants had been ordered to provide security for costs. After a number of last minute applications for extensions an unless order was made. The […]

PERSONAL INJURY LITIGANTS, LAWYERS & SOCIAL MEDIA

Social media is coming to play an increasingly important part in personal injury litigation. It is worthwhile taking a look at developments and the lawyer’s duties.  There is no doubt at all that the close scrutiny of social media accounts  is going to play a prominent part in all areas of civil litigation.  One key […]

WHEN TWO RULES COLLIDE:PART 36 OFFER DOES NOT OVERRIDE NEED TO SERVE THE CLAIM FORM

In The Former Owners of the Motor Vessel “Melissa K” -v- The Former Owners of the Motor Tanker “Tomsk” [2015] EWHC 3445 (Admlty) Mr Justice Males considered the interplay between Part 36 and the need to serve. It is an Admiralty case, however there are important points of general principle. KEY POINTS Acceptance of the […]