Category Amendment

IF YOU ARE GOING TO DRAFT PLEADINGS THEN DO IT PROPERLY: A REPLY AND DEFENCE TO COUNTERCLAIM IS NOT A MERE FORMALITY

A post last month highlighted a case where a defendant obtained judgment in default on a counterclaim. The judge refused to set aside the judgment and, in effect, the claimant’s entire claim failed. There is a clear and obvious need for a Defence to Counterclaim to be lodged. However a failure to do this properly […]

STRIKING OUT A PLEADING WHEN IT DOES NOT COMPLY WITH THE RULES

In Jones -v- Longley [2016] EWHC 1309 (Ch) Master Matthews considered the criteria for striking out a pleading, in this case a counterclaim.  There are important observations on the needs for pleadings to comply with the rules; on the fact that there are no special rules for litigants in person and the criteria to be […]

FAILING TO PLEAD CASE FULLY CAN LEAD TO YOUR ACTION GOING DOWN THE DRAIN

The Court of Appeal decision today in the case  of Court -v- Van Dijk [2016] EWCA Civ 438  is the third case within a month where the courts have considered the adequacy of statements of case.  It is also has some observations about the costs that were incurred. “Whilst it has no bearing on the […]

WITNESS STATEMENTS CANNOT REPLACE PLEADINGS &”CUT AND PASTE” WITNESS STATEMENTS ARE UNLIKELY TO IMPRESS

In Chong -v- Alexander [2015] EWHC 735 (CH) Richard Spearman Q.C. (sitting as a Deputy Judge) had to consider several issues relating to statements of case and witness evidence. “…the typographical error (“At” instead of “As”), is replicated in a number of the other witness statements served on behalf of the Claimants. This repetition of […]

FAILURE TO PAY THE CORRECT COURT FEE DOES NOT LEAD TO STRIKING OUT OF AN ACTION

The decision in  Lewis -v- Ward Hadaway [2015] EWHC 3503 (Ch)  has led to considerable interest (and it has to be said) some hyperbole and opportunistic applications. The case is often misunderstood. In Bhatti -v- Ashghar [2016] EWHC 1049 (QB) Mr Justice Warby refused to strike out a case where the incorrect court fee had […]

RULES EXIST TO ASSIST RESOLUTION OF ISSUES AND NOT TO THROW UP TECHNICAL OBSTACLES

In Williams -v- Devon County Council [2016] EWCA Civ 419 the Court of Appeal upheld a decision by a judge to allow substitution of a named individual in place of a group. “These rules exist to enable the court to resolve the matters in issue, not to throw up unnecessary technical obstacles.” THE CASE A […]

CASE FAILS BECAUSE OF MATTERS NOT PLEADED: ANOTHER LESSON FOR PLEADERS

The decision of His Honour Judge David Grant yesterday in Bridgland -v- Earlsmead Estates Limited [2016] EWHC B9 (TCC) makes salutary reading for anyone who drafts pleadings.  If the claimants had pleaded their case differently they may have won.  It highlights the need to consider pleading a case in the alternative.  In particular it is […]