Tag Archives: Appeal

CIVIL COMMITTAL PROCEEDINGS: STILL A MATTER FOR GRAVE CONCERN

I have written several times about the problems in obtaining representation and funding for civil committal proceedings.   The judgement of the Court of Appeal yesterday in Devon County Council -v- Kirk [2016] EWCA Civ 1221 exemplifies the difficulties and dangers.   It also shows the tenacity of counsel, acting pro bono.” It shows the […]

FUNDAMENTAL DISHONESTY FINDING SET ASIDE ON APPEAL

The judgment of His Honour Judge Hodge QC in Meadows -v- La Tasca Restaurants Limited [2016]EW Misc B28 (CC) (16 June 2016)  is now available on Bailli.  It contains some important observations about findings of fundamental dishonesty. “In my judgment, the inconsistencies and curiosities highlighted by the judge did not entitle him to go further […]

NEW APPEAL RULES COMING INTO FORCE ON THE 3rd OCTOBER 2016

The Court of Appeal is attempting to deal with a backlog.  The Civil Procedure (Amendment No.3) Rules 2016 come into force on the 3rd October 2016.   The primary change is in relation to the way in which applications for permission to appeal are dealt with in the Court of Appeal. THE APPEALS THE NEW […]

PROPORTIONATE COSTS IN A FAMILY CASE: £33,813 REDUCED TO £3,737.50

In K -v- K [2016] EWHC 2002 (Fam) Mr Justice Macdonald reduced the costs of a successful party to an appeal in a family case. “The stringent test of proportionality in relation to costs incurred applies with equal force in family proceedings. It is remarkable that such a significant sum of money has been spent […]

THAT JUDGE IS BIASED AGAINST ME, WE CAN’T GO ON: THE APPROPRIATE RESPONSE

As we have seen many times in this blog trial judges sometimes have to make robust findings of fact about the credibility of witnesses. In Howe -v- Gossop [2016] EWHC 2169 (Ch) His Honour Judge Behrens (sitting as a High Court Judge) had to consider a situation where robust findings had been made but there […]

QOCS & DISCONTINUANCE: ANOTHER CASE (WHERE THE CLAIMANT WAS SUCCESSFUL)

I am grateful to barrister James Bentley for drawing my attention to the judgment of Mr Recorder Berkley in Magon -v- Royal & Sun Alliance Insurance PLC  (26th February 2016). Another decision in relation to QOCS and discontinuance. The District Judge had set aside a notice of discontinuance and ordered the claimant to pay costs.  The […]

FAILING TO FILE A COST BUDGET AND REFUSAL TO GRANT RELIEF FROM SANCTIONS: A HARSH LESSON

If a litigation solicitor is ever given the job of designing wallpaper here are the three key things that should form the recurring motif. The costs budget is due 21 days before the first case management conference. Where the claim is under £50,000 the costs budget has to be filed with the directions questionnaires. If […]