Monthly Archives: February 2016

WITNESS STATEMENTS: THE CHANCERY GUIDE: SOMETHING FOR US ALL

Such is the remarkable ability of the Chancery Division that the latest guide (dated March 2016) is already available.  I have said many times that the Chancery Guide has much to offer all civil practitioners.  Here I want to look at one aspect: the guidance on witness statements.   Just reading and following these few […]

COURT CLOSURES, POOR DECISION MAKING AND BEECHING: AN EVISCERATING ANALOGY

I have already written about how court closures will undermine the fabric of the civil justice system. Justice will be imposed on communities from afar, rather than being an integral part of the local community. However I thought it important to draw attention to Chris Dale’s eviscerating analysis* of the decisions made in Court closures and […]

THE SHORTER TRIALS SCHEME: SCOPE AND PROCEDURE

The Shorter Trial Scheme is both interesting and exciting. Providing as it does a possible blueprint for getting appropriate cases to trial much quicker, and a much lower costs.  The scheme is discussed in detail in the short judgment of Mr Justice Birss in Family Mosaic Home Ownership Ltd -v- Peer Real Estate Ltd [2016] […]

PROVING THINGS 11: LIES, DAMN LIES AND…

There has, over the years, been some considerable controversy about the use of “statistics” in criminal cases.  Some civil cases have shown that judges are sceptical of the use of statistics in individual cases, preferring to base decisions on the evidence before them. EVEN A SECRETARY OF STATE CAN’T RELY ON STATISTICS This is an […]

HEARING AN APPLICATION FOR PRE-ACTION DISCLOSURE AFTER PROCEEDINGS ARE ISSUED: FURTHER DEVELOPMENTS

An earlier post considered the question whether an application for pre-action disclosure can properly be made after proceedings were issued.  This issue was considered again by HHJ Moloney QC (sitting as a judge of the High Court) in Anglia Research Services Ltd -v- Finders Genealogists Ltd [2016] EWHC 297 (QB). KEY POINTS A court could […]

ANOTHER ASSESSMENT OF WITNESS CREDIBILITY

A regular theme of this blog has been how important witness credibility is to the outcome of many civil actions.  The assessment of credibility is often one of the key tasks of the trial  judge at. It is an issue that crosses into virtually every type of civil litigation, and determines the outcome of most […]

A QUICK WORD ON WITNESS CREDIBILITY: WHAT THE BUTLER SAID

In Burrell -v- Clifford [2016] EWHC 249 (Ch) Richard Spearman QC (sitting as a Deputy Judge of the Chancery Division) had to assess the credibility of two litigants. It provides an interesting insight into the judicial scrutiny of witness evidence. “However, Mr Burrell has exercised his right to bring the current proceedings, and they have […]

COSTS, COPYING AND PROPORTIONALITY

The judgment of His Honour Judge Lochrane in Ryanair Limited -v- Secretary of State for the Home Department [2016] EWFC B5 has attracted some attention. Here I want to look at the short judgment in relation to costs. THE CASE The claimant was appealing a fine of £4,000 imposed on the grounds that it should […]

LORD CHANCELLOR GETS A BONUS: THE POWERFUL RESULTS OF A CLAIMANT’S PART 36 OFFER

There are many interesting issues in the judgment of Mr Justice Holgate in The Lord Chancellor -v- Charles Ete & Co [2016] EWHC 275 (QB) which may be interesting to examine at a later date. However one significant point was that the claimant Lord Chancellor made a Part 36 offer to settle. He achieved a […]

DISCLOSURE AND PREDICTIVE CODING: PYHRRO EXPLAINED FOR THE TYRO

There has been much written already in relation to the decision of Master Matthews in Pyrrho Investments Ltd -v- MWB Property Ltd [2016] EWHC 256 (Ch) [see the links below]. However I want to concentrate upon the fact that this judgment provides a readily accessible guide to predictive coding. WHAT IS PREDICTIVE CODING? It is […]