Monthly Archives: July 2016

PROVING THINGS 27: BURDENS OF PROOF, HEARSAY EVIDENCE AND…. ATTEMPTED MURDER

In Daley -v- Bakiyev [2016] EWHC 1972 (QB) Mr Justice Supperstone dealt with issues relating to the burden of proof where there very serious allegations.  The fact that a central witness for the claimant did not attend court, and his evidence was adduced as hearsay, played an important part in the decision. THE CASE The […]

THE ARROYO JUDGMENT 3: WITNESSES AND CREDIBILITY

This is the third in the series of posts on the  judgment of Mr Justice Stuart-Smith in Arroyo -v-Equion Energia Limited [2016] EWHC 1699 TCC. The first looked at the issues that arose from unchecked schedules of damages; the second at the expert evidence. Here we look at the judicial assessment of the witness evidence. In particular […]

THE ARROYO JUDGMENT 2: EXPERTS, OH EXPERTS.

This is the second in the series of posts on the  judgment of Mr Justice Stuart-Smith in Arroyo -v-Equion Energia Limited [2016] EWHC 1699 TCC. The first looked at the issues that arose from unchecked schedules of damages. Here we look at the expert evidence.  The judge was clear in his criticisms of the experts called […]

THE ARROYO CASE WAS A BIG & COMPLEX ACTION: THE PROBLEMS WERE SIMPLE (AND COMMON) 1: UNCHECKED SCHEDULES OF DAMAGES

The judgment of Mr Justice Stuart-Smith in Arroyo -v-Equion Energia Limited [2016] EWHC 1699 TCC is 1885 paragraphs long.  The trial lasted from the 15th October 2014 to the 5th March 2015, that is 62 court days.  The judgment actually contains a “health warning” to lawyers tempted to read it.  However it illustrates some basic, […]

INCREASED COURT FEES FROM THE 25th July 2016: AN OVERVIEW & USEFUL LINKS

There have been requests, via twitter, that I publicise the increase in court fees that came into effect on the 25th July.  These are not universal increases (they do not increase issue fees in Part 7 claims for instance – but there are increases in Part 8 claims). In recognition of the useful comments from […]

UNNECESSARY MATERIAL, DUPLICATION AND INFORMATION OVERLOAD: ANOTHER JUDGE’S LAMENT

The observations of Mr Justice Kerr at the end of his judgment in Kimmance -v- General Medical Council [2016] EWHC 1808 (Admin) contains some familiar themes in relation to the preparation of cases: bundles, citations and skeletons. “The parties should not lodge thousands of pages of documents to cater for a chance of one in […]

CLAIMANT ESTOPPED FROM RELYING ON QOCS: THE NEED TO BE ACCURATE

I am grateful to barrister Matthew White for sending me details and a copy of the decision of His Honour Judge Lopez in Price -v- Egbert H Taylor &  Company Limited (16th June 2016).  This is the second judgment in the matter. The earlier judgment arose from the claimant’s failure to send a fee with an […]

HAS A PART 36 OFFER BEEN BEATEN WHEN THE VALUE OF CURRENCY CHANGES? A HIGH COURT DECISION

The judgment of Mr Justice Leggatt today in Novus Aviation Ltd -v- Alubaf Arab International Bank BSC (c) [2016] EWHC 1937 (Comm) contains some interesting observations on Part 36 offers. KEY POINTS A claimant “beat” its own Part 36 offer only because of a change in the value of currency at the time that judgment […]

FAILING TO FILE A COST BUDGET AND REFUSAL TO GRANT RELIEF FROM SANCTIONS: A HARSH LESSON

If a litigation solicitor is ever given the job of designing wallpaper here are the three key things that should form the recurring motif. The costs budget is due 21 days before the first case management conference. Where the claim is under £50,000 the costs budget has to be filed with the directions questionnaires. If […]

“SECOND” ACTION FOR CLINICAL NEGLIGENCE NOT STRUCK OUT AS AN ABUSE OF PROCESS

In the judgment today in Wright -v- Barts Health NHS Trust [2016] EWHC 1834 (QB) Mr Justice Edis refused the defendant’s application to strike out the claim or for summary judgment on the grounds that the claimant had settled an earlier claim for damages. the defendant Trust was liable to pay different elements of the claim […]