Monthly Archives: October 2016

“DID NOT PRETEND TO UNDERSTAND THINGS ATTRIBUTED TO HER IN HER WITNESS STATEMENT…”

There are several high profile cases in which judges have expressed scepticism (sometimes profound scepticism) about whether a witness statement really reflects the knowledge of a witness.  A short, but telling, passage in the judgment of Mr Justice Mitting in TLT & Others -v-Secretary of State for the Home Department [EWHC] 2217 (QB) is another […]

TALES FROM COSTS LAW CONFERENCE II: THE RISE OF SOLICITOR AND OWN CLIENT COSTS DISPUTES

One of the predictions made by several speakers at the Association of Costs Lawyers conference last week was the likelihood of a rise in the number of solicitor and own client disputes in relation to costs. Clients are now paying part of their damages as costs; As a result of costs budgeting and the principle […]

COSTS BUDGETING: PILOT SCHEME IN THE CHANCERY DIVISION IN LEEDS

 Leeds District Registry has a pilot scheme in relation to costs budgeting. It enables the parties to agree to limit the extent of costs budgeting.  The parties can, by agreement, file a simple costs budget with the Directions Questionnaire. If the court is of the view that the budgets are reasonable and proportionate then an […]

ANOTHER EXPERT WITNESS GOES AWRY: PATENTLY A PROBLEM

It is easy for the non-technical reader to pass over judgments relating to patents. These often involve highly technical issues.  However there is one aspect of the judgment in Thoratec Europe Limited -v- AIS GMBH Aachen Innovative Solutions [2016] EWHC 2637 (Pat) that may have a familiar ring.  It illustrates: The importance of case management […]

COSTS BUDGETING: IT’S JUST A PHASE I’M GOING THROUGH

One advantage of going to conferences is that it usually gives rise to ideas for the blog. So speaking at the Association of Costs Lawyers conference yesterday has given rise to a whole host of issues which will be explored over the next few weeks.  The first issue is the importance monitoring of the “phases” […]

EVIDENCE, RETAINERS, ATTENDANCE NOTES AND WITNESS CREDIBILITY

There have been a number of recent cases where disgruntled clients have attempted to sue their lawyers.  The judgments highlight the difficulties for trial judges who have to assess evidence after some lapse of time.  They also highlight the importance of contemporaneous documents, attendance notes and, in the case of Lyons -v- Fox Williams LLP […]

PART 36 OFFERS AND COSTS: COSTS NOT TAKEN INTO ACCOUNT WHEN CONSIDERING WHETHER AN OFFER HAS BEEN “BEATEN”

In Transocean Drilling UK Ltd -v- Providence Resources PLC [2016] EWHC 2611 (Comm) Mr Justice Popplewell considered the impact of a Part 36 offer in unusual circumstances.  These circumstances led the court to consider whether the impact of costs should be taken into account in considering whether or not a Part 36 offer has been […]