Category Appeals

ADJOURNMENTS, ILL HEALTH, FAIRNESS AND THE DENTON PRINCIPLES: COURT OF APPEAL UPHOLDS CASE MANAGEMENT DECISIONS

In Dove -v- London Borough of Havering [2017] EWCA Civ 156 the Court of Appeal considered a number of procedural issues prior to giving judgment on the substantive point.  The defendants argued that they should have been granted an adjournment of the trial. The judge rejected that application. The judge’s decision was upheld by the Court […]

“UNNECESSARY, UNHELPFUL & UNACCEPTABLE” : OVER-LONG SKELETON ARGUMENTS – AGAIN.

There have been a series of judgments in the civil courts, notably from Jackson L.J., commenting on the length of skeleton arguments.  The criminal courts are not immune. In R -v- Brandford [2016] EWCA Crim 1749 the Court of Appeal Criminal Division had strong words to say about the length of the skeleton arguments in […]

CIVIL LITIGATION REVIEW OF 2016: PROMISCUOUS BUNDLES & THAT CRAZY LITTLE THING CALLED PROPORTIONALITY

This is the third annual review of the year on this blog. 2016, as ever, has been an interesting year.  As ever, a comprehensive review can be found in Herbert Smith Freehills A litigator’s yearbook: 2016 (England and Wales). PREDICTIONS FROM LAST YEAR Proportionality will remain a big (and largely unresolved) issue. The meaning of […]

PAYING THE CORRECT COURT FEE, AMENDMENT & STRIKING OUT: ANOTHER DECISION

There have been a number of cases in relation to the consequences for a claimant when the correct court fee has not been paid upon issue.  This issue was considered by His Honour Judge Robinson this week in an appeal in the case of Wiseman -v- Marston’s PLC (Sheffield County Court 21st December 2016). (This […]

CIVIL COMMITTAL PROCEEDINGS: STILL A MATTER FOR GRAVE CONCERN

I have written several times about the problems in obtaining representation and funding for civil committal proceedings.   The judgement of the Court of Appeal yesterday in Devon County Council -v- Kirk [2016] EWCA Civ 1221 exemplifies the difficulties and dangers.   It also shows the tenacity of counsel, acting pro bono.” It shows the […]

CIVIL PROCEDURE: THE BEHRENS’ EFFECT

His Honour Judge Behrens, the resident Chancery judge in Leeds, retires tomorrow. This led me to consider the contribution he has made to civil procedure. JOHN BEHRENS AT THE BAR I could begin by telling of the  meticulous neatness of John’s room whilst he was in practice, (however that may not be quite true). What […]

WITNESS STATEMENTS & DISCLOSURE: OMISSIONS MEAN THAT CASE FAILS AT SECOND HURDLE AND HAS TO GO BACK TO THE START

S  When a proponent of proportionate litigation, such as Jackson L.J., orders a retrial in a case where the judgment was for £4,449 the case merits examination. In Knowles -v- Watson [2016] EWCA Civ 1122 a re-trial was ordered because of issues relating to disclosure. KEY POINTS It is prudent to include all material facts […]