Category Conduct

OBTAIN AN INJUNCTION: PAY TENS OF MILLIONS IN COMPENSATION: ANOTHER WARNING LESSON

This blog has looked several times at the dangers of obtaining injunctions. A particular danger is the undertaking in damages that has to be given when obtaining an injunction to freeze assets.  The judgment of Mr Justice Males in Fiona Trust & Holding Corporation -v- Yuri Privalov & others [2016] EWHC 2163 illustrates this point. […]

ATTRITIONAL WARFARE; UNMERITORIOUS POINTS AND UNFOUNDED ALLEGATIONS OF BAD FAITH: SO MUCH (AND MORE) IN ONE JUDGMENT

The judgment today of Mr Justice Edis in  Hayden -v- Maidstone & Tunbridge Wells NHS Trust makes for uncomfortable reading on the issue of the general attitude of the lawyers towards the conduct of the litigation.   In addition to criticism of the parties conduct it  deals with important issues in relation to (i) filing […]

EXTENSION OF THE CLAIM FORM: A RARE SUCCESS FOR A CLAIMANT (BUT IT HAS GOT A LOT TO DO WITH CONDUCT)

Most cases relating to extensions of time for service for the claim form end badly for the claimant. The decision of Mr Justice Roth in The Khan Partnership LLP -v- Infinity Distribution Limited [2016] EWHC 1390 (Ch) is an exception.  However it is an exceptional case. The court found that there was no good reason […]

PROVING THINGS 20: ALLEGATIONS OF IMPROPER CONDUCT HAVE TO BE PROVEN: INDEMNITY COSTS ORDERED

In Collins -v- Thanet District Council Collins anor v Thanet DC anor (19 4 16)(Jud) 2 [2016] EWHC 1008 (QB) His Honour Judge Yelton (sitting as a Judge of the High Court) considered the evidence available to support allegations of misfeasance in public office. (I am grateful to John de Waal QC of Hardwicke Chambers for […]

I WROTE LOTS OF UNEDIFYING, AGGRESSIVE AND UNCOOPERATIVE LETTERS: LOOK WHERE IT GOT ME

One of aspects of the judgment in  McTear -v- Englehard [2016] EWCA Civ 487 that could easily be overlooked is the observations of Lord Justice Vos in relation to the nature of the  correspondence between the parties. “It would seem that if law firms are seeking to invest time, energy and costs in protracted and […]

APPLICATION TO WITHDRAW ADMISSION REFUSED: SUMMARY JUDGMENT GRANTED

The judgment yesterday in Wood -v- Days Health UK Ltd & Others [2016] WHC 1079 (QB) shows how a simple incident can give rise to  complex litigation.  The various applications took two-and-half days and judgment was reserved. The judgment deals with a number of applications, I want to concentrate upon the  important observations on the […]

THE INTERCHANGE BETWEEN LAWYERS & EXPERTS: A DIFFICULT ISSUE

In a week where there is a report of an application being made for a doctor to be committed for contempt* it is prudent to consider that difficult issue of the relationship between the lawyers in a case and the experts. The difficulties are considered in the judgment of Mr Justice Garnham in Cox -v- […]

EXPERT REPORTS IN THE ADMINISTRATIVE COURT: PART 35 APPLIES

In the judgment today in Khaled -v- Secretary of State for the Home Department [2016] EWHC 857 (Admin) Mr Justice Garnham considered Part 35 of the CPR and the admissibility of expert reports in proceedings in the Administrative Court. “The nature of JR challenges, and the need for them to be considered expeditiously, makes all […]

WITNESS STATEMENTS: THE LAWYER’S DUTY NOT TO MISLEAD

There are some important observations  by Mr Justice Leggatt in Al-Saadoon & Others -v- the Secretary of State for Defence [2016] EWHC 773 (Admin).  The case relates to witness statements and the duty of the lawyer when they know that there are conflicting witness statements from the client. (There is an argument that it also […]

IT’S ALL ABOUT THE COSTS (AND A LOT OF TROUBLE): COURT OF APPEAL CASE CONSIDERED

The Court of Appeal judgment today  in Patience -v- Tanner [2016] EWCA Civ 158 is a classic example of the difficulties that arise when a case is, in essence, all about the costs. It shows the danger of making, and then withdrawing an offer. Litigation went on for a long time after the offer was […]