Category Disclosure

MINISTRY OF DEFENCE REFUSED EXTENSION OF TIME TO COMPLY WITH PEREMPTORY ORDER: ORDERS ARE ORDERS

In Eaglesham -v- Ministry of Defence [2016] EWHC 3011 (QB) Mrs Justice Andrews DBE refused the defendant’s application for an extension of time for compliance with an unless order. The Defence was struck out. “A party who faces genuine difficulties in compliance with a court Order, particularly an Unless Order, should come back to the […]

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 […]

LEGAL REPRESENTATIVE SIGNING THE DISCLOSURE STATEMENT II: SEE WHAT THE COMMERCIAL COURTS GUIDE SAYS: BUT…

The post on legal representatives signing the disclosure statement written earlier in the week had a lot of response. My attention has been drawn to the Admiralty & Commercial Courts Guide  which suggests (in certain undefined circumstances) a legal representative may be an appropriate person to WHAT THE GUIDE SAYS At E3.8 “(a) For the […]

SOLICITOR SIGNING THE STATEMENT OF TRUTH IN A DISCLOSURE STATEMENT: NOT PERMISSIBLE AND NOT ADVISABLE

There has been a lot of discussion on Twitter recently in relation to a search term that arrived on this blog “solicitor signing disclosure statement”.  So many people contributed to that discussion that I cannot thank them all.  However it has given rise to an opportunity to consider the rules and case law in relation […]

THE PARTIES CANNOT CONTRACT OUT OF COSTS BUDGETING (& A LITTLE BIT ABOUT WITHOUT PREJUDICE CORRESPONDENCE)

An earlier post dealt with the decision of Mr Justice Roth in Agents’ Mutual Limited -v- Gascoigne Halman [2016] CAT 21.  However an earlier ruling in the same case contains a consideration of whether the parties can agree to sidestep budgeting. THE CASE The action had been transferred from the Chancery Division to the Competition Appeal […]

THIS COSTS BUDGETING THING – IT IS NOT THAT IMPORTANT: WELL THINK AGAIN

There are some important observations made by Mr Justice Roth in Agents’ Mutual Limited -v- Gascoigne Halman Limited [2016] EWHC 2315 (Ch) in relation to both costs budgeting and security for costs. KEY POINTS There is no duty on a party applying for security for costs to prepare a detailed costs budget. However it is […]

CHALLENGING VIDEO SURVEILLANCE BY THE USE OF EXPERT EVIDENCE: THE PREQUEL

Last month I wrote about the decision of Mr Justice Edis in  Hayden -v- Maidstone & Tunbridge Wells NHS Trust [2016] EWHC 1962 (QB). One of the many issues the judge considered in that case was the admissibility of expert evidence to challenge video footage. The judgment referred in some detail to the earlier decision in Samson […]