Monthly Archives: May 2016

WITNESS EVIDENCE, RELIABILITY AND CREDIBILITY: WHY EVERYONE SHOULD READ GESTMIN (OR FAILING THAT, MY SUMMARY)

I spent the afternoon lecturing to a group of enthusiastic lawyers about the importance of witness statements (and where things can, and do go wrong). I was worried that the enthusiasm  could be waning waning when I took them, in some detail, through the judgment in Gestmin SGPS -v- Credit Suisse (UK) Ltd [2013] EWHC 3560. […]

PROVING THINGS 20: ALLEGATIONS OF IMPROPER CONDUCT HAVE TO BE PROVEN: INDEMNITY COSTS ORDERED

In Collins -v- Thanet District Council Collins anor v Thanet DC anor (19 4 16)(Jud) 2 [2016] EWHC 1008 (QB) His Honour Judge Yelton (sitting as a Judge of the High Court) considered the evidence available to support allegations of misfeasance in public office. (I am grateful to John de Waal QC of Hardwicke Chambers for […]

IT’S NOT JUST WINNING BUT HOW YOU PLAY THE GAME: COSTS ORDERS WHEN BOTH PARTIES ASSERT THAT THEY HAVE “WON”

In Milanese -v- Leyton Orient Football Club Limited [2016] EWHC 1263 (QB) Mrs Justice Whipple considered issues relating to costs after a case in which each party claimed to have won. “I remind myself that this is an area where the individual facts and result of the case will drive the costs outcome, and that […]

ELEMENTARY EVIDENCE: THE COURTS DO NOT FOLLOW THE APPROACH OF SHERLOCK HOLMES

The judgment of Mrs Justice Carr DBE in Cooper -v-Thameside Company Ltd [2016] EWHC 1248 (TCC) contains an interesting, and ultimately important, consideration of the judicial approach to fact finding.  It is interesting that this £6.5 million depended, primarily, on the assessment of the credibility of one witness. That witness had, apparently, not been interviewed […]

EXPERT SHOPPING: CHANGING EXPERTS AND DISCLOSURE OF REPORTS

Suspicions are often aroused when an party wants to change expert mid-way through a case.  There is, usually, a requirement that before a court grants permission to instruct a new expert the previous report has to be disclosed. The case law is examined in detail in the judgment of His Honour Judge Grant in Coyne […]

QOCS CONTINUE TO APPLY ON APPEAL: HIGH COURT DECISION

In Parker -v- Butler [2016] EWHC 1251 (QB) Mr Justice Edis decided that QOCS protection continued to apply when a claimant appealed. “To construe the word “proceedings” as excluding an appeal which was necessary if he were to succeed in establishing the claim which had earlier attracted costs protection would do nothing to serve the […]

SOCIAL MEDIA AND CIVIL EVIDENCE: WHAT DID YOU SAY ON LINKEDIN?

Social media played a part in the decision of Registrar Derrett in Green -v- Marston [2016] EWHC B11 (Ch). It illustrates the importance of social media across many fields of litigation. THE CASE The claimant was the liquidator of a company which was seeking repayment of sums paid to the defendant prior to insolvency. The […]

STATEMENTS OF CASE & THE STATEMENT OF TRUTH: CAN A PARTY ARGUE TWO DIFFERENT THINGS?

There are some interesting observations by Mr Justice Leggatt in ED&F Sugar ltd -v- T&L Sugar Ltd [2016] EWHC 272 (Comm). KEY POINTS A statement of truth which supported particulars of claim was a statement of fact. An assertion in relation to title was a matter of law. An action would not be struck out […]

I WROTE LOTS OF UNEDIFYING, AGGRESSIVE AND UNCOOPERATIVE LETTERS: LOOK WHERE IT GOT ME

One of aspects of the judgment in  McTear -v- Englehard [2016] EWCA Civ 487 that could easily be overlooked is the observations of Lord Justice Vos in relation to the nature of the  correspondence between the parties. “It would seem that if law firms are seeking to invest time, energy and costs in protracted and […]

COURT OF APPEAL OVERTURN REFUSAL TO GRANT RELIEF FROM SANCTIONS: RE-TRIAL NECESSARY

In McTear -v- Engelhard [2016] EWCA Civ 487 today the Court of Appeal overturned a refusal to grant relief from sanctions.  Consequently there will have to be a re-trial. (The judgment at first instance in this Case was considered in an earlier post) “In these circumstances, had the judge undertaken the process of considering the […]