Tag Archives: Civil Procedure Rules

MCKENZIE FRIENDS AND THE THREE WISE MONKEYS: A DISCRETION TO BE EXERCISED RARELY

In Ravenscroft -v- Canal & River Trust [2016] EWHC 2282 (Ch) Chief Master Marsh considered the law relating to allowing a McKenzie friend to be permitted to act. (This case also considered the use of without prejudice correspondence in court,  this will be dealt with in a separate post). “…the conduct of civil litigation is […]

LOOKING AT LITIGATION FROM THE LITIGANT’S VIEWPOINT 2: THE STRESS OF LITIGATION: GUIDANCE AND LINKS

The earlier post on looking at litigation from the litigant’s viewpoint led to some interesting comments, on the blog itself; on LinkedIn and on twitter.   It was particularly interesting to hear from lawyers who had been involved in litigation on a personal basis. This is not an issue generally considered in legal education or, […]

ANOTHER ROUND IN THE CFA ASSIGNMENT BATTLE: CFA CAN BE ASSIGNED

In Azim -v- Tradwise Insurance Services Limited [2016] EWHC B20 (Costs) Master Leonard found that a conditional fee agreement could properly be assigned. KEY POINTS An assignment of a CFA between solicitors was valid. The validity of an assignment did not depend on there being an ongoing relationship of trust between the client and the […]

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. […]

KEEPING PARTIES OUT OF COURT IN CIVIL PROCEEDINGS : COURT OF APPEAL DECISION

The practice of sending witnesses out of court whilst evidence is being given is extremely rare in civil cases. It was considered by the Court of Appeal in Da Costa -v- Sargaco [2016] EWCA Civ 764. “… whilst there may not be an absolute rule… the starting point must always be that a party is entitled […]

PROVING THINGS 24 : DAMAGES AND THE “BUT FOR TEST”: WHEN IT GETS REALLY COMPLEX

The judgment  of Mr Justice Foskett today in Reaney -v- University Hospital of North Staffordshire NHS Trust [2016] EWHC 1676 (QB) is interesting reading. Not least because the parties could not agree what the Court of Appeal had decided and how the judge should approach the hearing that had been remitted. “the position is much […]

MY WITNESS STATEMENT WAS DRAFTED BY MY LAWYER: THANK YOU OFFICER

There are 909 paragraphs in the judgment of  Mr Justice Wyn Williams in Mouncher -v- The Chief Constable of South Wales Police [2016] EWHC 1367 (QB).  I just want to look at one of them.  This was a case all about the conduct and evidence of police officers. The statements of some of the officers […]