Category Applications

ATTEMPTING TO RELY ON MATTERS WHERE PERMISSION TO AMEND HAD BEEN REFUSED: A BRIDGE TOO FAR

In Cleveland Bridge UK Ltd v Sarens (UK) Ltd [2018] EWHC 751 (TCC) the court rejected an attempt by a party to argue a case which had not been pleaded.   The defendant had been refused permission to amend its defence and counterclaim and sought a “backdoor” method to introduce similar issues. The attempt failed. “Where the […]

COURT FEES AND STRIKING OUT: ANOTHER CASE

There is a brief report on  Browne Jacobson Insurance Law about a case that struck out because of a failure to pay the correct fees. THE REPORT The report is brief and does not give the date of the judgment or level of judge. The facts The claimant, prior to issue, put forward several schedules […]

LITIGATORS: WHAT DO YOU DO WHEN THINGS GO WRONG? 10 KEY POINTS

There has been an unusual amount of sympathy today on Twitter for the report of a newly qualified solicitor who was struck off.  The solicitor “had ‘messed up’ on a handful of the 170 cases he was handling and did not seek help from colleagues”. “…there always is a lot to learn. You never can […]

DELAY AND NON-COMPLIANCE: ACTION STRUCK OUT: A “GAME CHANGER”

The judgment of Master Matthew in Phelps -v- Button [2016] EWHC 3185 (Ch) emphasises the dangers of delay and non compliance. “…I will observe that the Court ethos has changed enormously since the days of Lord Denning and the two Court of Appeal decisions to which I have referred. I will not say that in […]

CIVIL CASE OF THE YEAR 2016: THE CASE THAT ENCAPSULATES CIVIL EVIDENCE: HOW THE COURT DECIDES

There were many important cases on procedure and costs in 2016.  Choosing a case of importance to litigators was not an easy task.  However I kept coming back to  the judgment of Master Matthews in Adepoju -v- Akinola [2016] EWHC 3160 (Ch). Chosen, primarily, because it encapsulates civil evidence and the trial process in four paragraphs […]

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 […]