Category Liability

ADVISING ON THE “RISKS OF LITIGATION”: A HIGH COURT DECISION

In Thomas -v- Albutt [2015] EWHC Mr Justice Morgan considered, among other things, the duty owed by a barrister (and lawyers generally) to warn about the risks of litigation. “Clients, I know, want two inconsistent things. They want confident advice on which they can act, and they want cautionary advice about the risks of doing […]

A TRIAL WITHOUT WITNESSES: THE PRACTICAL CONSEQUENCES: DUNNAGE -v- RANDALL

The Court of Appeal decision today in Dunnage -v- Randall [2015] EWCA Civ 673 is one of those seminal cases that every tort law student will have to read.  Here we look at the case and the procedure. In particular the consequence of the fact that the parties relied on written expert evidence. The Court […]

MORE ON “CHANGING” WITNESS STATEMENTS AND CREDIBILITY: A CLINICAL NEGLIGENCE CASE

A post yesterday commented upon the difficulties caused when a witness produces two (sometimes contradictory) witness statements. Another example of witness evidence leading to problems at trial can be seen in the judgment of HH Judge Collender QC (sitting as a High Court judge) in Connolly -v- Croydon Health Services NHS Trust [2015] EWHC 1339 […]

WITNESS STATEMENTS, EXHIBITS AND NOT MAKING AN EXHIBITION OF YOURSELF: THE OFTEN IGNORED RULES ABOUT EXHIBITS TO WITNESS STATEMENTS

Your life will not be complete unless you have read a post about exhibits to witness statements. The “exhibiting” of documents is common. It is surprising how common it is for the exhibit, and the witness statement, to fail to comply with the rules. Here we look at the rules relating to exhibits and useful […]

PLEADINGS, EVIDENCE & PUTTING THE CLAIMANT TO PROOF: AHMED -v- LALIK & THE CO-OP

In Ahmed -v- Lalik & Co-operative Insurance Society Limited [2015] EWCA 651 (QB) Mr Justice Cranston considered some important issues in relation to pleading, evidence and procedure in a case where a defendant insurer has suspicions about the nature of a claim. THE CASE The claimant brought an action for damages following an accident that […]

OVER EAGER EXPERTS JUST DO NOT HELP: THEY HINDER AND HARM THE CASES OF THOSE WHO CALL THEM

Several preliminary remarks of  HH Simon Barker QC in Bacciotinni & Cook -v- Gotelle & Goldsmith [2014] EWHC  3257 Ch underline the dangers of an “over eager” expert witness making comments which undermine their own evidence and taint the case of the party who instructs them.  Here we look at this case and other recent […]

LIES, EVIDENCE, DISCLOSURE AND PROCEDURE : AA -v- LONDON BOROUGH OF SOUTHWARK CONSIDERED

It is certain that the decision in AA -v- London Borough of Southwark [2014] EWHC 500 QB will receive considerable coverage. It is a remarkable case. There are enormous implications for local authorities. Here we look at the procedural issues in the case.  THE CASE The claimant (as a litigant in person) was bringing an action […]