Monthly Archives: November 2015

COMMENT POSING AS CROSS-EXAMINATION: “INAPPROPRIATE AND IMPROPER”

When does cross-examination turn to comment? That is a question all working advocates have to consider, both in relation to their own cross-examination of witnesses, and responding  to their opponents. There are some important observations by Mr Justice McCloskey in Wagner -v- Secretary of State for the Home Department [2015] UKUT 655 (IAC). “…mere comments […]

THE YEO CASE: WITNESS EVIDENCE & CREDIBILITY: THERE’S A HOOK HERE SOMEWHERE

The decision of Mr Justice Warby in Yeo -v- Times Newspapers Limited [2015] EWHC 3375 (QB) is one of those cases that, obviously, will be of wider interest.  It contains much of interest in relation to an analysis of the written and oral evidence. In particular the importance of an email written after a meeting […]

COSTS AS DAMAGES: SOME OBITER, BUT IMPORTANT, REMARKS

There are some important remarks on legal costs claimed as damages in Shaw -v- Kovac [2015] EWHC 3335(QB). (A case that is considered in more detail on Fatal Accidents Law. KEY POINTS In a fatal claim the costs of attending the inquest are potentially recoverable as a costs of the action and do not represent a […]

DID YOU KNOW YOU CAN SUBSCRIBE TO THIS BLOG?

This blog has a free subscription service whereby each post can be e-mailed to you directly when published. TO SUBSCRIBE On the right hand side of the blog there is a panel. If you scroll down to the bottom you will find “FOLLOW CIVIL LITIGATION BRIEF VIA EMAIL” Enter your email address to follow this […]

DENTON: EXTENSIONS OF TIME AND COSTS: OPPOSITION TO APPLICATIONS IS NOT ALWAYS UNREASONABLE

In The Queen on the Application of IDIRA -v- The Secretary of State for the Home Department [2015] EWCA Civ 1187 the Court of Appeal made a number of observations in relation to extensions of time, the Denton criteria, and costs. “A party is not required to agree to an extension of time in every […]

THE DUTY OF FULL AND FRANK DISCLOSURE ON WITHOUT NOTICE APPLICATIONS: ANOTHER CASE ILLUSTRATING THE DANGERS

The duty of full and frank disclosure owed when a without notice application is made has been looked at many times on this blog.  Another example can be seen in the judgment today by Sir Michael Tugendhat  in Ahuja -v- Polititika Novine I Magazini D.O.O. [2015] EWHC 3380 (QB). “…where there has been deliberate non-disclosure […]

GOOD WITNESS STATEMENTS ARE NOT JUST FOR CHANCERY LAWYERS: THE CHANCERY GUIDE TO WITNESS STATEMENTS

In a post last week we looked at a comment in the judgment of HHJ Behrens in Royal National Institute for Deaf People -v- Turner [2015] EWHC 3301 Ch which concluded “In so far as there is a criticism of the preparation it relates to the preparation of and contents of the witness statements which were not confined […]