Monthly Archives: January 2016

EVIDENCE, DAMAGES AND A SOLICITOR’S GOODWILL

The Court of Appeal decision in Karim -v- Wemyss [2016] EWCA Civ 27 has already received some publicity, involving as it does litigation following the sale of a solicitor’s practice.  However the decision also shows the dangers of not bringing evidence to court to prove damages. ‘Plaintiffs must understand that if they bring actions for […]

EXTENDING TIME FOR SERVICE OF THE CLAIM FORM: A RISKY BUSINESS

In Medhi Kohsravi -v- British American Tobacco PLC [2016] EWHC 123 (QB)Sir David Eady stated that he would have set aside an order extending time for service of the claim form. It is a timely warning that obtaining an extension of time for service remains a risky business. “The overriding objective requires that the disciplines […]

PICKING UP BAD CITATIONS: & SKELETON ARGUMENTS – STILL TOO LONG:

In an afternote to his judgement in Commercial Management (Investments) Ltd -v- Mitchell Design and Construct Ltd [2016] EWHC 76 (TCC) Mr Justice Edwards-Stuart added his voice to the many judges who have commented on the excessive length of skeleton arguments and over-citation of cases. THE JUDGMENT “Afternote In this case the skeleton arguments submitted […]

COSTS,INDEMNITY AND CONTRIBUTION PROCEEDINGS: (OR “COPPERS COP IT”)

In Mohidin -v-Commissioner of Police for the Metropolis [2016] EWHC 105 (QB) Mr Justice Gilbart carried out an extensive review of the principles relating to contribution proceedings and costs. KEY POINTS Two police officers who had been involved in the unlawful assault and arrest of two claimants were liable to indemnity the Commissioner for damages […]

LATE AMENDMENT ALLOWED: TRIAL DATE MOVED: A CLINICAL NEGLIGENCE CASE

In G -v- Kings College Hospital NHS Foundation Trust Appeal [2016] EWHC 104 (QB) Mrs Justice May granted the claimant permission to amend the Particulars of Claim even though this meant moving a 7 day trial listed in early April this year. The primary ground was the fact that there was nothing to prevent the […]

COURT FEES: LINKS FOR TODAY

The links section is an integral part of this blog. For today, however, I wanted to take those links on the issue of court fees and put them in a post of their own.  That is the responses today to the discussion on court fees in the Justice Committee of the House of Common. One […]

VARYING JUDGMENT ENTERED BY CONSENT: CAUSATION, APPEALS AND “NEW” EVIDENCE

In Atkins -v- The Co-operative Group [2016] EWHC 80 (QB) Mr Justice Supperstone varied  a consent order giving judgment for the claimant on liability.  The appeal against the order was not made until six months after the judgment was entered. It is important to note that the judgment was varied to allow the defendant to […]