Tag Archives: Evidence

PROVING THINGS 40: NO EVIDENCE – NO LOSS: LITIGATION IS NOT A WALK IN THE PARK

A constant motif in this series has been the ability of litigants to arrive at trial and not be able to prove central parts of their case – including damages.  This is exemplified in the judgment of Mr Justice Baker in Francis -v- Knapper [2016] EWHC 3093 (QB). After a six day trial the claimants […]

PROVING THINGS 37: ROBIN HOOD RIDES AGAIN: AN APPROACH TO DAMAGES THAT WAS “FUNDAMENTALLY DEFICIENT THROUGHOUT”

I have written before about the decision in relation to the the decision in the liquidation in the Robin Hood Centre.  In the judgment at first instance the Registrar held that the claim against former directors had been vastly over-stated and made no order for costs. Both sides appealed and the directors were successful on […]

THE DANGERS OF RELYING ON EXPERT EVIDENCE: BEWARE YE THE PARTISAN EXPERT: “UNBALANCED AND HIGHLY MISLEADING”

Some types of litigation are heavily reliant upon expert evidence.  Clinical negligence cases are often determined by the judge’s assessment of the experts involved.  It is disturbing to see the matters raised in  judgment today of His Honour Peter Hughes (sitting as a Judge of the High Court) in Watts -v- The Secretary of State […]

PROVING THINGS 34 : THERE IS NO PRIMER FOR SCUTTLERS: WHEN YOUR SHIP DOESN’T COME IN

We have looked at many different types of case during this series. However this is the first time we have looked at an Admiralty case and at case about the “scuttling” of a ship.   The judgment of Mr Justice Teare in Kairos Shipping Ltd -v- The Standard Club Europe Ltd [2016] EWHC 2412 (Admlty) […]

PROVING THINGS 33: CAUSATION AND THE BURDEN OF PROOF IN CLAIMS AGAINST SOLICITORS

We have looked before at the decision in The Connaught Income Fund, Series 1 -v- Hewetts Solicitors  [2016] EWHC 2286 (Ch). The previous post was in connection with witness evidence.  However the judgment on the burden of proof is significant in terms of the need to prove causation and damages in the context of a professional negligence […]

I’VE LOST £5 MILLION AND ITS ALL MY SOLICITOR’S FAULT: WHEN THE CLIENT BLAMES YOU FOR THEIR OWN BAD DECISIONS

 This post is unusual in that it deals with a case from a different jurisdiction (Northern Ireland) and a professional negligence action against a conveyancer not a litigator.  However the decision of Deeny J in Eden (NI) Limited -v- Mills, Selig, a Firm [2016] NIQB 71 illustrates some universal issues. A party seeking to blame […]

BANQUO’S GHOST NOT AT THE FEAST: WHEN A KEY WITNESS IS NOT CALLED – THE INFERENCES A COURT WILL DRAW

There is an interesting discussion of the role of the “absent witness” in the judgment today of Mr Justice Kerr in O’Hare -v-Coutts & Co [2016] EWHC 2224 (QB). There are dangers in a party not calling someone who is clearly a key witness in a case. The presence of relevant documents is not a […]