Category Civil Procedure

PROVING THINGS 47: FIRE IN THE LOFT: IT WASN’T THE MOUSE MAN AT ALL

The judgment of Mr Justice Coulson in Palmer -v- Nightingale [2016] EWHC 2800 (TCC) is another example of a claimant failing to prove their case. More curiously, in some respects, the claimant’s own evidence contradicted their case. “In circumstances where there are a number of potential causes of a fire, it is not appropriate for the […]

FIRST CLAIM FORM CASE OF THE YEAR: AND THERE’S A BRIGHTSIDE

Every year brings a batch of cases relating to service of the claim form. This year starts with an unusual issue. In Brightside Group Ltd -v- RSM UK Audit LLP [2017] EWHC 6 (Comm) Mr Justice Andrew Baker considered  issues relating to service of the claim form and the provisions of CPR 7.7. CPR 7.7 […]

IF YOU ARE BELIEVED YOU WILL WIN: THE NEED FOR A DEVIL’S ADVOCATE IN CIVIL LITIGATION

The post written yesterday on litigators and memory has already given rise to a large number of responses, particularly on Twitter.  It is worthwhile taking the matter further by considering how and when a litigator should take stock of the quality of the evidence. There is much to be gained by making a critical examination of […]

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 […]

A NEW YEAR’S RESOLUTION FOR 2017 : EX PARTE APPLICATIONS ARE NO PARTY (AND CAN LEAD TO CRYING)

Last year I had 10 new year’s resolutions for litigators.  This year I have one.  (The resolutions from last year remain current but one resolution is easier to keep) THINK VERY CAREFULLY BEFORE, DURING AND AFTER, MAKING AN EX-PARTE APPLICATION OF ANY KIND 2016 saw several cases where the party that obtained an ex-parte order […]

CAN AN APPLICATION BE AMENDED? AN INTERESTING POINT TO START THE YEAR

There are some procedural issues where you would assume that there was clear pre-existing authority in existence.  However, on examination (usually just before the hearing) it transpires that the point is a “novel” one.   In Agents Mutual Limited-v- Moginnie James Ltd [2016] EWHC 3384 (Ch) Master Matthews considered one such point.  Can a party […]

LIMITATION AND DATE OF KNOWLEDGE: NO SPECIAL RULE BECAUSE THE CLAIMANT WAS A SOLICITOR

I am grateful to Thomas Jervis of Leigh Day for sending me a copy of the judgment of Mr Justice Goss in Lewin -v- Glaxo Operations UK Limited [2016] EWHC 3331 (QB), an interesting decision in relation to limitation. (A copy of the case is available here lewin) KEY POINTS The claimant had suffered late onset […]