Monthly Archives: November 2015

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 […]

LITIGATION PRIVILEGE, DECEPTION AND THE ACCIDENTAL DISCLOSURE OF PRIVILEGED DOCUMENTS

In Property Alliance Group -v- The Royal Bank of Scotland PLC [2015] EWHC 3341 (Ch) Mr Justice Birss made some important observations on the scope of litigation privilege when evidence was obtained by deceit. Significant guidance was given on the steps to be taken when privileged documents are obtained by mistake. KEY POINTS When a […]

DENTON, DOCUMENTS AND DELAY: FAILURES IN DISCLOSURE LEAD TO APPEAL BEING STRUCK OUT

In Walton -v- Allman [2015] EWHC 3325 (Ch) Mr Justice Snowden upheld a decision refusing relief from sanctions. It is a case that shows the importance of considering, and making full disclosure and the dangers of taking a “wrong-headed” view of the duties of disclosure. “ There is a new climate arising out of the […]

NO INDICATIONS GIVEN FROM TRIAL JUDGE IN RELATION TO EXCEEDING COSTS BUDGET: THE APPROPRIATE APPROACH TO INTERIM COSTS WHERE THE COSTS HAVE EXCEEDED THE COSTS BUDGET

Can (and should) the trial judge give any indication in relation to costs budgets at the end of a trial if the costs budgets have been exceeded. Further what is the appropriate approach to an application for interim costs when the party making that application concedes that it has  greatly exceeded the costs budget? I […]

GOOD BUNDLES, GOOD ADVOCACY, POOR WITNESS STATEMENTS

The final paragraph of the judgment of HH Judge Behrens in Royal National Institute for Deaf People -v- Turner [2015] EWHC 3301 Ch speaks volumes.  I will allow it to speak for itself.   “I cannot leave this case without expressing my gratitude to all those involved in its preparation. It was helpful to have […]

DEFENDANT NOT ALLOWED TO WITHDRAW FROM ADMISSION AND DEBARRED FROM RELYING ON FURTHER EVIDENCE: PLEADINGS ARE STILL IMPORTANT

In Clark -v- Braintree Clinical Services Limited [2015] EWHC 3181 HH Judge Burrell QC  (sitting as a High Court judge) refused a defendant’s application to resile from an admission. He also granted the claimant’s application to debar the defendant from relying on a second medical report. “Pleadings still mean something and must be carefully drafted […]

STRIKING OUT FOR DELAY: SOLLAND UPHELD ON APPEAL

We have looked before at the decision of Master Bowles in Solland International Ltd -v- Clifford Harris & Co [2015] EWHC 2018 (Ch) where the claimant’s action was struck out because of their failure to progress the action for 31 months and file an allocation questionnaire. That decision was upheld by Mr Justice Arnold in […]