Monthly Archives: February 2016

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 […]

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 […]