Monthly Archives: December 2016

PROVING THINGS 46: LATE THEORIES ADVANCED BY EXPERTS RARELY HELP

Some aspects of litigation are highly reliant upon experts.  Medical causation is on of those areas.  The issues between experts should be clarified in the joint statement.  In Smith -v- Tesco PLC & Royal Free London NHS Foundation Trust [2016] EWHC 3252 (QB) David Pittaway QC considered a case in which an expert raised a […]

PROVING THINGS 45: IF YOU CAN’T PROVE LOSS THE DEFENDANT IS GOING TO GET SUMMARY JUDGMENT

This series (and this blog) have looked at several cases where a party  has asserted a loss but not been able to prove it. There are a large number of cases where a party fails to put the basic information before the court to show that any loss has incurred.  This can be seen in […]

COURT FEES AND STEALTH TAXES: REPAYMENT OF TRIAL FEES TO END NEXT YEAR

Thanks to Kerry Underwood for pointing out the provisions of The Civil Proceedings Fees (Amendment) Order 2016 which comes into force on the 6th March 2017. There is a hidden “tax” in that the repayment of court fees has ended. THE NEW RULES The rules amend Schedule 1(3) of the Civil Proceedings Fee Order – […]

TAKING WITNESS STATEMENTS AND FACT FINDING: VEHEMENT CRITICISM (OF A SURPRISING SOURCE)

The need to take care when drafting witness statements has been a regular theme of this blog. The delegating of witness statements to a party or client is an extremely dangerous (and foolish) practice.   I have also examined, regularly, the painstaking and careful process that trial judges go through when assessing facts and witnesses. […]

LEGAL CHRISTMAS SONG CONTEST: THE ENTRIES

Entries closed at 4.00 pm (a traditional time for civil lawyers).  Before I send the entries off for the rigorous judging process can everyone who entered make sure they are here. Some people did not use the #lawsongs hashtag and some entries simply disappeared. So please check.  The prize is, of course, invaluable (as are […]

WITNESS STATEMENTS, STATEMENTS OF TRUTH AND CONTEMPT OF COURT

The judgment of Mrs Justice Slade in Aviva Insurance -v- Randive [2016] EWHC 3152 (QB) involves no findings of fact.  However it does demonstrate the dangers inherent in being involved in the drafting of witness statements and replies to Part 18 questions.Where facts are set out which cannot be proven, or are simply not true […]

PROVING THINGS 44: FINDINGS OF FACT, WALTER MITTY AND WITNESS TRAINING

The judgment today of Mr Justice Coulson in Harlequin Property (SVG) Limited -v- Wilkins Kennedy [2016] 3188 EWHC (TCC) shows the importance of the judge’s assessment of  witnesses. The judge made a clear and robust assessment of the witness evidence, the difficulties posed by witness training, the difficulties posed by missing witnesses and the (virtual […]