Category Statements of Truth

STATEMENTS OF CASE & THE STATEMENT OF TRUTH: CAN A PARTY ARGUE TWO DIFFERENT THINGS?

There are some interesting observations by Mr Justice Leggatt in ED&F Sugar ltd -v- T&L Sugar Ltd [2016] EWHC 272 (Comm). KEY POINTS A statement of truth which supported particulars of claim was a statement of fact. An assertion in relation to title was a matter of law. An action would not be struck out […]

“INAPPROPRIATE TECHNICAL GAMES”: ANOTHER CASE ABOUT SERVICE OF THE CLAIM FORM: DEFENDANT SNAPPED INTO SHAPE

The judgment of His Honour Judge Hacon in Abbott -v-Econowall Ltd [2016] EWHC 660 (IPEC) contains some important observations about the conduct expected in litigation. Also some important lessons in relation to agreeing extensions of time for service. “…parties to litigation are plainly not obliged to inform the opposing side of its mistakes – in […]

A GENTLE REMINDER OF YOUR NEW YEAR’S RESOLUTIONS 3: THINK VERY CAREFULLY BEFORE SIGNING A STATEMENT OF TRUTH ON BEHALF OF A CLIENT

As part of the series reminding litigators of the new year’s resolutions  for 2016 we look at resolution number 4: “Think very carefully before signing a statement of truth on behalf of a client”.  We have already seen one case this year which brings this home clearly. A LESS GENTLE REMINDER EARLIER THIS YEAR A […]

SCHEDULES OF DAMAGES, WASTED COSTS AND THE STATEMENT OF TRUTH

It is important that the report of the decision in Brown -v- Haven by Flint Bishop in their post on wasted costs order is given wide publicity.  The judgment of Deputy District Judge Lingard is available here. (This is one of those cases where it is instructive to read the discussion as to costs which […]