Monthly Archives: December 2015

PART 36: WHEN THE NORMAL COSTS PENALTIES MAY NOT APPLY

In Yentob -v-MGN Ltd [2015] EWCA Civ 1292 the Court of Appeal upheld a decision of the judge not to impose the normal penalties when a claimant failed to beat a Part 36 offer. KEY POINTS When a party fails to beat a Part 36 offer the normal costs consequences apply unless the court finds […]

WITNESS EVIDENCE AND CONTEMPORARY DOCUMENTS: THE RECORDS MAY NOT BE RIGHT

This blog has looked, many times, at the issue of witness credibility and the various criteria that judges use when assessing evidence. This issue was to the fore in the Court of Appeal judgment yesterday in Synclair -v- East Lancashire Hospital NHS Trust [2015] EWCA Civ 1283. “I would commend the approach of His Honour […]

LATE AMENDMENT TO PLEADINGS SHOULD NOT HAVE BEEN ALLOWED: CLAIMANT COMES TO GRIEF ON APPEAL

In Ali -v- Siddique [2015] EWCA Civ 1258 the Court of Appeal overturned a decision granting permission to amend the Particulars of Claim. Consequently the defendant’s appeal was allowed and the claimant’s action failed. KEY POINTS There is a heavy burden on a party applying for a very late application to amend pleadings. An explanation […]

SUPREME SANCTIONS IN THE SUPREME COURT: NO SECOND BITE OF THE CHERRY

The judgment of the Supreme Court in Thevarajah -v- Riordan [2015] UKSC 78 has been long anticipated since it related to the law relating to sanctions. In fact it is a decision in relation to a very narrow issues.  The law relating to sanctions, and CPR 3.9 in particular, was not considered. The only speech […]

Thevarajah v Riordon and Others – Supreme Court Appeal Judgment

The Supreme Court this morning handed down judgment in Thevarajah (Respondent) v Riordan and Others (Appellants) [2015] UKSC 78. The bench unanimously dismissed the appeal. A full blog post will be up later today. In the meantime the full judgment can be found here. The press summary can be found here.  

YOU DON’T HAVE TO CLAIM INTERLOCUTORY RELIEF TO BE ENTITLED TO DAMAGES FOR BREACH

In Energysolutions EU Limited -v- Nuclear Decommissioning Authority [2015] EWCA Civ 1262 the Court of Appeal considered the issue of whether it is necessary for a party to litigate in order to be entitled to claim damages. The case concerns specific breaches of the Public Contracts Regulations,however some of the observations are of general importance. […]

CHILDREN AND SUCCESS FEES 3: APPEAL WITHDRAWN

Earlier posts looked at the decision of Regional Cost Judge Lumb in A & B -v- The Royal Mail Group  [2015] EW Misc B24(CC)(14th August 2015). The second judgment on costs is now available on Bailli. These posts deal with deduction of costs from damages in children’s cases. THE APPEAL The claimant’s solicitors were given permission to […]