Category Applications

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 […]

ADVOCACY: THE JUDGE’S VIEW X: 10 KEY POINTS FROM AROUND THE WORLD

This is the last in the series of Advocacy the Judge’s view.  We have looked at advice given by judges from around the world.  Here I select a key point from each. 1. ADVICE FROM CANADA – MANNERS MATTER It is difficult to select any one point from the talk given by  Mr Justice Joseph […]

UNDUE HARDSHIP AND THE FOREIGN LIMITATION PERIODS ACT

The Foreign Limitation Periods Act 1984 is one of those matters that litigators must always have at the forefront of their mind when dealing with any matter that has a foreign connection.  The stringent nature of the Act is made clear in the judgment of Mr Justice Wilkie in KXL -v- Murphy [2016] EWHC 3102. […]

SECOND APPLICATION FOR SECURITY FOR COSTS WAS NOT AN ABUSE OF PROCESS (THIS TIME)

In Holyoake -v- Candy [2016] EWHC 3065 (Ch) Mr Justice Nugee decided that a second application for security for costs was not an abuse of process.  The judgment reviews the law relating to second applications and abuse in detail. It contains some important lessons for anyone considering withdrawing an application, but reserving the right to […]

INTERPRETERS CANNOT (AND WOULD NOT) BE COMPELLED TO ATTEND TRIAL FOR CROSS-EXAMINATION

The case of Kimathi -v- The Foreign & Commonwealth Office [2016] EWHC 3004 (QB) has already featured several times on this blog.  Here we look at the judgment made last week relating to the defendant’s application that interpreters attend trial to give evidence.  It also provides an important example of the court considering and applying […]

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 […]

THE DEAD CAN’T SUE: AN IMPORTANT REMINDER

In Kimathi & Ors -v- The Foreign & Commonwealth Office [2016] EWHC 3005 (QB) Mr Justice Stewart reviewed the principles in relation to bringing an action on behalf of a deceased party.  It is an important reminder of some very basic principles. An action is brought by the deceased’s estate not in the name of the […]