Monthly Archives: September 2016

WITNESS STATEMENTS: WHEN THINGS GO WRONG – BLAME THE SOLICITOR

This blog has noted before that a witness whose evidence is not accepted often attempts to renege on their witness statement and blame their solicitor for the errors. Another example can be found in the recent decision of Mr Recorder Halpern QC in Ames -v- Jones [2016] EW B67 (CC). It highlights the need for […]

PROVING THINGS 32: DAMAGES CLAIM STRUCK OUT AS UNSUSTAINABLE; APPLICATION TO AMEND REFUSED.

In Guney -v- Kingsley Napley [2016] EWHC 2349 (QB) Mrs Justice McGowan struck out part of the claimant’s claim for damages and refused the claimant permission to amend to plead new heads of damage. It could serve as an object lesson in the risks involved in claiming damages that are not recoverable in law and […]

TWO PROCEDURAL POINTS: A SECOND ACTION IS NOT ALWAYS AN ABUSE OF PROCESS & A BANKRUPT CANNOT BRING PROCEEDINGS

The judgment of Master Bowles in Khan -v- Khan & Ambala Foods Limited [2015] EWHC 2625 (Ch) contains a reminder of two important procedural points. KEY POINTS (1) The issue of a second set of proceedings is potentially an abuse of proceedings. However the court will not always find it to be an abuse. (2) […]

NEW APPEAL RULES COMING INTO FORCE ON THE 3rd OCTOBER 2016

The Court of Appeal is attempting to deal with a backlog.  The Civil Procedure (Amendment No.3) Rules 2016 come into force on the 3rd October 2016.   The primary change is in relation to the way in which applications for permission to appeal are dealt with in the Court of Appeal. THE APPEALS THE NEW […]

PROVING THINGS 31: WITNESSES TEND TO REMEMBER WHAT THEY WANT TO REMEMBER

How do judges decide whether a witness is accurate in their recollection? This issue has been a common theme on this blog.  This was an issue considered by Mark Cawson QC (sitting as a Deputy High Court Judge) in The Connaught Income Fund, Series 1 -v- Hewetts Solicitors  [2016] EWHC 2286 (Ch).   The case shows the […]

THE INFERENCES TO BE DRAWN FROM ABSENT WITNESSES: EVIDENCE BEFORE THE COURT OVERRIDES HEARSAY

This blog has looked many times at cases which consider the practical implication of the test in Central Manchester Health Authority v W (A minor) [1998] PIQR P324: the inferences a trial judge should infer when witnesses are noted called at trial. This issue was considered by His Honour Judge Butler in Wignall -v- The Secretary […]

SOLICITOR’S AGENT HAS NO RIGHT OF AUDIENCE AT STAGE 3 HEARING: COUNTY COURT DECISION CONSIDERED

Who has a right of audience at a Stage 3 hearing? This issue has been considered in the county court and I am grateful to barrister Jonathan Dingle for sending me a copy of the decision of District Judge Peake in McShane -v- Lincoln (Birkenhead County Court 28th June 2016). click-here-to-see-case “With the introduction of the […]