Tag Archives: Civil Procedure

LOOKING AT LITIGATION FROM THE LITIGANT’S VIEWPOINT 1: A BOOK WORTH READING

There is surprisingly little written about the actual experience of being a litigant, particularly a litigant in the civil courts.  What is more the “experience”, or viewpoint of the client does not figure greatly (if at all) in legal training.  Doctors have better training. There are several excellent books, by doctors, on their experience of being a […]

CONSENT ORDERS, CONFIDENTIALITY AGREEMENTS, IMPLIED TERMS AND (LET’S BE HONEST) A PRETTY DETERMINED EFFORT TO AVOID PAYMENT

I am grateful to Tobias Haynes from Waterside Legal LLP  for sending me a copy of the judgment of His Honour Judge Cooke in Hartland -v- Buccament Bay Resort Ltd (7th July 2016) a copy of which is attached to this post Hartland v Buccament Bay app judgment.3BM30141 07.07.16 MT KEY POINTS The claimants entered […]

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 […]

NEW RULES ON COSTS CAPPING

New rules (The Civil Procedure (Amendment No.2) Rules 2016 were passed yesterday which amend CPR Part 3 in relation to costs capping. They are of relatively limited ambit, applying only to Judicial Review applications.  They replace protective costs orders in relation to judicial reviews. KEY POINTS There are now provisions for judicial review costs capping […]

ADVOCACY – THE JUDGE’S VIEW III: MORE GUIDANCE FROM CANADA

As part of the series looking at the advice that judges give to advocates (and how this relates to civil litigators in particular) we return to Canada. Judge Carol Baird Ellan collected the views of 12 of her colleagues in giving an address to the CLEBC Advocacy Conference in 2001:  Advocacy in Provincial Court: A […]

ADVOCACY – THE JUDGE’S VIEW II: “USEFUL”,”JUST & CHEAP”: GUIDANCE FROM DOWN UNDER

The post earlier this week on Things Lawyers do to Annoy Judges was, without doubt, one of the most publicised and read posts on this blog.  However it also opened up a rich train of enquiry: what do judges write about advocacy?  This is important because in civil cases it is judges that will decide […]

ORDERING A SPLIT TRIAL ON PRELIMINARY ISSUES: A CAUTIONARY TALE

In Larkfleet -v- Allison Homes Eastern Limited [2016] EWHC 195 (TCC) Mr Justice Fraser made some important observations about the need for total clarity when a court orders the trial of a preliminary issue of law. ‘Preliminary points of law are too often treacherous short cuts’. The dangers are all the greater where, as here, […]