Monthly Archives: February 2016

THE SOLICITOR, THE LIQUIDATOR AND THE CFA: STEVENSDRAKE THE JUDGMENT AT TRIAL

In Stevensdrake -v- Hunt [2016] EWHC 342 (Ch) His Honour Judge Simon Barker QC (sitting as a judge of the High Court) decided that, despite the clear wording of a conditional fee agreement,  the defendant was not personally liable to pay costs to a solicitor.  The agreement, in reality, was that the solicitor would only […]

WITNESS EVIDENCE: MEDICAL NOTES AND CREDIBILITY

There have been several cases this week where a clinical negligence claim rested, ultimately, on whether or not a judge accepted a doctor’s account of what was said. In Lillington -v- Ansell & Jennison [2016] EWHC 351 (QB) Mr Justice Hickinbottom considered the evidence of two doctors.  The doctors were successful in their defence. However, […]

CONTESTED APPLICATION TO TRANSFER TO THE FINANCIAL LIST

In Property Alliance Group Limited -v- Royal Bank of Scotland PLC [2016] ~EWHC 207 (Ch) Sir Terence Atherton considered a contested application to transfer proceedings into the Financial List. There is a useful explanation as to the scope of the Financial List. THE CASE The claimant was bringing an action against RBS based on (1) […]

PROBATE FEES,COSTS AND FATAL ACCIDENTS: SIX KEY POINTS

There has been major controversy recently about the proposed increase in probate fees. In particular there was some concern, expressed on twitter, that claimants could not afford to issue proceedings.  There are a number of points that need to be considered,  if there is a major increase in probate fees. In particular the Fatal Accidents […]

A SPLIT TRIAL ON A PRELIMINARY ISSUE: ANOTHER CAUTIONARY TALE

A post earlier this month looked at the dangers of a court ordering a trial on a preliminary issue on a point of law.  Similar concerns were raised by Mr Justice Edwards-Stuart in Water Lilly Co Ltd -v- Clin [2016] EWHC 357 (TCC).  The judge questioned the usefulness of holding a split trial where there was […]

THE IMPACT OF PROCEDURE UPON SUBSTANTIVE LAW: KNAUER -v- MOJ

I have written elsewhere about the  impact of the Supreme Court decision in Knauer v Ministry of Justice [2016] UKSC 9.  It is interesting to look at one short part of the judgment to reflect how changes to procedure can have some impact on the substantive law. “The reality is that this is another respect in […]

LEGALLY STREETWISE: WHAT YOU DON’T LEARN IN LAW SCHOOL

Initially it was a surprise to discover that law students were being told to read this blog (I am not sure I need that kind of pressure). Apparently prospective pupils and trainees are advised to read it to answer interview questions.   It has been many years since I taught law to undergraduates and a […]

WITNESSES TRIALS AND ACCURACY OF RECOLLECTION (II)

The previous post dealt with a case where a judge had preferred the evidence of the medical practitioners in a clinical negligence case. As is so often the case a judgment reported on the same day shows a case where the judge came to a different conclusion. In  Arkless-v-  Cadwaladr University Local Health Board [2016] EWHC […]

WITNESSES, TRIALS AND ACCURACY OF RECOLLECTION: ANOTHER EXAMPLE

  In XYZ -v- Warrington & Halton NHS Foundation Trust [2016] EWHC 331 (QB) Mr Justice Dove considered a trial where the outcome, as so often, depended on the accuracy of recollection. THE CASE The claimant brought an action in clinical negligence. It was alleged that inadequate steps had been taken to assess the claimant’s […]

FIXED COSTS AND PART 36: THE JUDGMENT IN THE COURT OF APPEAL

The Court of Appeal has given judgment today in Broadhurst -v- Tan [2016] EWCA Civ 94. “Where a claimant makes a successful Part 36 offer in a section IIIA case, he will be awarded fixed costs to the last staging point provided by rule 45.29C and Table 6B. He will then be awarded costs to […]