Category Statements of Case

ATTEMPTING TO RELY ON MATTERS WHERE PERMISSION TO AMEND HAD BEEN REFUSED: A BRIDGE TOO FAR

In Cleveland Bridge UK Ltd v Sarens (UK) Ltd [2018] EWHC 751 (TCC) the court rejected an attempt by a party to argue a case which had not been pleaded.   The defendant had been refused permission to amend its defence and counterclaim and sought a “backdoor” method to introduce similar issues. The attempt failed. “Where the […]

COURT FEES AND STRIKING OUT: ANOTHER CASE

There is a brief report on  Browne Jacobson Insurance Law about a case that struck out because of a failure to pay the correct fees. THE REPORT The report is brief and does not give the date of the judgment or level of judge. The facts The claimant, prior to issue, put forward several schedules […]

TOO LONG OR TOO SHORT: SCHEDULES and COUNTER-SCHEDULES: THE “CINDERELLAS” OF THE LITIGATION PROCESS

One important, but often overlooked, element of procedure and legal drafting is the preparation of the schedule of damages and the counter-schedule.  The rules relating to these documents are sparse. However these are important documents, often impacting upon the credibility of a litigant’s case (or defence). SCHEDULE TOO LONG: COUNTER-SCHEDULE TOO SPARTAN This post was […]

“SECOND HAND” SIGNATURES WILL NOT DO -“PRE-SIGNING” THE STATEMENT OF TRUTH? – NOT A GOOD IDEA

This blog has covered the importance of the statement of truth on many occasions.  However the issues revealed in the Solicitors Disciplinary hearing in SRA -v- Jackson reveals a remarkably insouciant approach to the statement of truth. THE CASE The respondent is a solicitor. It was alleged that he had served an amended Particulars of […]

REPLIES AND DEFENCE TO COUNTERCLAIM: A PRIMER

Two recent posts* have highlighted the difficulties that can exist with the filing of Replies and Defence to Counterclaim. Here is a short Primer. A REPLY If the Defence does not contain a counterclaim a Reply is not mandatory.  There is no guidance in the rules relating to when and whether to file a Reply. […]

IF YOU ARE GOING TO DRAFT PLEADINGS THEN DO IT PROPERLY: A REPLY AND DEFENCE TO COUNTERCLAIM IS NOT A MERE FORMALITY

A post last month highlighted a case where a defendant obtained judgment in default on a counterclaim. The judge refused to set aside the judgment and, in effect, the claimant’s entire claim failed. There is a clear and obvious need for a Defence to Counterclaim to be lodged. However a failure to do this properly […]

DEFENDANT REFUSED PERMISSION TO ADDUCE FURTHER EVIDENCE: LATE EVIDENCE IS ALWAYS A PROBLEM

  I am grateful to barrister Michelle Fanneran for sending me a copy of the decision of His Honour Judge Cotter QC in the case of Moore -v- Plymouth Hospitals Trust (11th May 2016).  This involves consideration of relief from sanctions following an attempt by the defendant to file a supplementary witness statement.  Although a […]