The right to issue multiple claims using a single claim form
In David Abbott and 3,449 others v Ministry of Defence, Master Davison considered the extent to which multiple claimants can use a single claim form.
No serious breach of practice directions where witness statements prepared in English when witness spoke mixture of languages
Background In the matter of Bahia v Sidhu and another, the High Court presided over a partnership dispute where there was a question raised as to which language witness statements should have been prepared in. A witness, Mr Bahia, appeared not to be fluent in English, which resulted in submissions that there had been a … Continue reading No serious breach of practice directions where witness statements prepared in English when witness spoke mixture of languages
The desire for revenge: not an abuse of process: Navigator Equities Ltd v Deripaska
This case was heard by the Court of Appeal and the lead judgment was given by Carr LJ (approved by Snowdon and Asplin LJJ), who considered when, how and why an application for civil contempt of court may be an abuse of process.
Limitation Act 1980 and fraud claims: court must examine all facts and not bind itself to events that arise after cause of action has accrued
In European Real Estate Debt Fund (Cayman) Ltd v Treon and others, Miles J examined section 32 of the Limitation Act 1980 (Limitation Act) and held that the court had to examine all the facts of an individual case and the court should not bind itself solely to events which happen immediately after a cause … Continue reading Limitation Act 1980 and fraud claims: court must examine all facts and not bind itself to events that arise after cause of action has accrued
Failure to promptly pursue proceedings to a final hearing after obtaining interim injunction may be abuse of process
London Borough of Havering (and others) v Persons Unknown (and others) [2021] EWHC 2648 (QB) was a case heard in the Queen’s Bench Division in October 2021 and relates to injunctions and abuse of process. It is always tempting when an injunction has been sought and an interim order granted that an applicant sees an … Continue reading Failure to promptly pursue proceedings to a final hearing after obtaining interim injunction may be abuse of process
Guidance on “real risk of dissipation”: Les Ambassadeurs Club Ltd v Yu
In Les Ambassadeurs Club Ltd v Yu, the Court of Appeal had to determine what is meant by “a real risk of dissipation”. It also had to consider whether the Deputy High Court Judge misunderstood the test by applying too high a threshold when refusing to grant a post-judgment freezing injunction.
How to “clearly formulate” amendments to statements of case: Various Airfinance Leasing Companies and others v Saudi Arabian Airlines Corporation
Background In the matter of Various Airfinance Leasing Companies and others v Saudi Arabian Airlines Corporation, the High Court presided over contested applications issued by the parties to amend their respective statements of case. The judgment contains a helpful breakdown of the factors that the court should apply to these applications. The parties The claimants … Continue reading How to “clearly formulate” amendments to statements of case: Various Airfinance Leasing Companies and others v Saudi Arabian Airlines Corporation
Disclosing materials relating to an expert that was instructed pre-action: Rogerson (t/a Cottesmore Hotel, Golf and Country Club) v Eco Top Heat & Power Ltd
Background In the matter of Rogerson (t/a Cottermore Hotel, Golf and Country Club) v Eco Top Heat & Power Ltd, the Technology and Construction Court allowed a defendant to change its expert witness during proceedings, subject to the condition that the defendant had to disclose materials relating to an expert it had instructed pre-action.
Request for reserved application of fundamental dishonesty fails to cut the Mustard
In Mustard v Flower [2021] EWHC 846 (QB), Master Davison considered whether a defendant in a personal injury claim could amend a defence to include a contingent and provisional argument that, if the court found at trial that the claimant had knowingly exaggerated symptoms, the defendant could reserve its position to later apply for a … Continue reading Request for reserved application of fundamental dishonesty fails to cut the Mustard
An accessory is liable to account for its own profits, not those of the principal
The case of Lifestyle Equities CV and another v Ahmed and another was heard by the Court of Appeal (Civil Division), and judgment was given by Birss LJ on 7 May 2021. The matter arose from a trademark dispute. The claimant brought proceedings for infringement of registered trademarks and passing off against several defendants. Several … Continue reading An accessory is liable to account for its own profits, not those of the principal
COVID-19: The impact on civil litigation one year on
When the government imposed restrictions on movement and social interaction due to COVID-19 in March 2020, there was understandably a great deal of concern about the effect on ongoing and potential litigation. After all, there was no system in place and most litigators had little or no experience of conducting litigation from commencement to trial … Continue reading COVID-19: The impact on civil litigation one year on
Issues of seisin, transparency and comity: Jamieson v Wurttemburgische Versicherung AG and another
In Jamieson v Wurttemburgische Versicherung AG and another, Master Davison gave an interesting judgment refusing to lift a stay in these proceedings, which had been issued by the claimant against the respective defendants: the insurer of a taxi; and his employer. These proceedings had been stayed by consent pending the outcome of a claim issued … Continue reading Issues of seisin, transparency and comity: Jamieson v Wurttemburgische Versicherung AG and another
COVID-19 and swearing affidavits remotely: Investohills Vesta v Petergrow Limited and others
In Investohills Vesta v Petergrow Limited and others, the court had to consider, on an application by the claimant (Investohills Vesta), whether a sworn affidavit would be necessary in order to comply with with a worldwide freezing order (WFO). The judge (Nicholas Thompsell, sitting as a deputy High Court Judge) had to balance the current … Continue reading COVID-19 and swearing affidavits remotely: Investohills Vesta v Petergrow Limited and others
COVID-19 and virtual Controlled Goods Agreements
In the case of Just Digital Marketplace Ltd v High Court Enforcement Officers Association and others, the High Court considered the issue of enforcement using consensual video appointment for the purpose of entering into a “controlled goods agreement” (CGA). Master McCloud held and declared that it was lawful for an enforcement agent to enter into … Continue reading COVID-19 and virtual Controlled Goods Agreements
Proving the tort of malicious prosecution: another battle against the elements
In Mosley v Associated Newspapers Limited, Nicklin J analysed whether the defendant was liable for the tort of malicious prosecution after it sent a dossier of evidence to the Crown Prosecution Service (CPS), intending that the claimant be investigated for alleged perjury, even if ultimately no criminal investigation or prosecution ensued. Nicklin J found that … Continue reading Proving the tort of malicious prosecution: another battle against the elements
The pitfalls of re-litigating: King and others v Kings Solutions Group Limited and others
The High Court’s recent decision in King and others v Kings Solutions Group Limited and others considered CPR 38.7 and re-examined the case law on abuse of process as set out in Henderson v Henderson. The case was heard by Tom Leech QC, sitting as a Judge of the Chancery Division of the High Court.
Costs budgeting for litigants in person: CJ and LK Perk Partnership v Royal Bank of Scotland
In CJ & LK Perk Partnership v Royal Bank of Scotland, the court had to consider when it was appropriate to direct a litigant in person (LIP) to file a costs budget. Background Costs budgeting was introduced into the Civil Procedure Rules (CPR) to allow the courts to further the overriding objective of dealing with … Continue reading Costs budgeting for litigants in person: CJ and LK Perk Partnership v Royal Bank of Scotland
The correct approach to applications to abandon a single joint expert: Hinson v Hare Realizations Ltd (2)
In Hinson v Hare Realizations Ltd (2), Spencer J dismissed an appeal against the County Court’s refusal to allow the claimant’s application to adjourn a trial and to rely on an acoustic engineering expert’s report, instead of the original single joint expert (SJE) report. Spencer J confirmed that the County Court had correctly applied the approach … Continue reading The correct approach to applications to abandon a single joint expert: Hinson v Hare Realizations Ltd (2)
Appropriate procedure for selecting sample claimants in group litigation
The recent judgment in Lancaster and others v Peacock QC is an interesting decision which provided rare guidance on the procedure for choosing sample claimants in group litigation.
Fighting the elements: proving the tort of malicious prosecution in CXZ v ZXC
In CXZ v ZXC, Steyn J analysed the claimant’s pleaded case, in this instance as to whether the law had been set in motion against him on a criminal charge. She then examined the four elements of the tort of malicious prosecution, and the fact that a claimant has to prove each element.
The suitability of remote hearings: SC v University Hospitals Southampton NHS Trust
The judgment in SC v University Hospitals Southampton NHS Foundation Trust is of interest due to the current COVID-19 pandemic and the way it is affecting the court system, as it discusses the circumstances where a case is suitable for a remote hearing under the current guidelines. Johnson J heard the matter on 4 June … Continue reading The suitability of remote hearings: SC v University Hospitals Southampton NHS Trust
Frejek v Frejek: remote committal applications and in-person sentencing
In Frejek v Frejek, Roth J dealt effectively with a committal application remotely by Skype and in the respondent’s absence. Roth J found the respondent to be in contempt of court but would not deal with sentencing. Instead, a bench warrant was issued for the respondent to be brought before the court specifically for sentencing.
Enforcing judgments: Lakatamia Shipping Company and others v Su and others
This blog discusses the recent judgment by Foxton J in Lakatamia Shipping Company Ltd and others v Su and others, highlighting difficulties for a judgment creditor in enforcing a multi-million dollar judgment against a former billionaire shipping magnate, who was willing to go to prison rather than reveal assets for enforcement. It discusses some wider … Continue reading Enforcing judgments: Lakatamia Shipping Company and others v Su and others
Limitation issues in Jalla v Royal Dutch Shell
There have been a number of hearings in Jalla v Royal Dutch Shell in the last month. On 9 March 2020, Stuart -Smith J ordered on jurisdiction, and on 30 March he gave another ruling relating to the disclosure of the damages-based agreement entered into by the claimants on the matter. On 2 March 2020, Stuart-Smith … Continue reading Limitation issues in Jalla v Royal Dutch Shell
High Court allows appeal based on error of fact where trial judge’s evaluation of key photographic evidence resulted in plainly wrong decision
In Boas and others v Aventure International Ltd, HHJ Hodge QC, sitting as a section 9 High Court judge, allowed an appeal against a recorder’s county court judgment about the exact location of a disputed boundary, in rare circumstances where the recorder had failed to consider the full effect of specific and clear photographic evidence, … Continue reading High Court allows appeal based on error of fact where trial judge’s evaluation of key photographic evidence resulted in plainly wrong decision
Anonymity applications: AA v Persons unknown and three others
AA v Persons unknown and three others revolved around anonymity applications to the court.
Agents’ Mutual Ltd v Gascoigne Halman Ltd: Reflections on aspects of the Disclosure Pilot Scheme under PD 51U
In Agents’ Mutual Ltd v Gascoigne Halman Ltd and another, Marcus Smith J dismissed the claimant’s application for extended or additional disclosure but not without making comments about the mandatory Disclosure Pilot Scheme (DPS) pursuant to PD 51U operating in the Business and Property Courts until 31 December 2020.
Contempt of court can be found if proceedings have not been issued: Jet 2 Holidays Limited v Karl Hughes and Laura Hughes
This was an appeal bought by Jet 2 Holidays Ltd. The appeal related to an application by the claimant for permission to bring committal proceedings against the defendant for contempt. Karl and Laura Hughes, the defendants, had intimated a claim against Jet 2 Holidays Ltd, the claimants, in relation to holiday sickness.
High Court emphasises importance of explaining clearly English rules of procedure and burden of proof
In Paralel Routs Limited v Fedotov, HHJ Paul Matthews, who was sitting as a judge of the High Court, highlighted the importance and necessity of procedural rules being explained properly. This case involved a defendant, a Russian national, who at the time of trial was in prison in Moscow and did not give live evidence, … Continue reading High Court emphasises importance of explaining clearly English rules of procedure and burden of proof
Court of Appeal decides parties’ consent not required for court to order early neutral evaluation
In Lomax v Lomax, the Court of Appeal had to decide the effect of CPR 3.1(2)(m), which refers to the court’s powers as including “…hearing an Early Neutral Evaluation…”. Rule 3.1 contains the court’s “general powers of management” and sets out a “list of powers” which are in addition to any other powers the court … Continue reading Court of Appeal decides parties’ consent not required for court to order early neutral evaluation
Applications for injunctive relief: Brothers Enterprise Limited v New World Hospitality UK Limited
Brothers Enterprise Limited v New World Hospitality UK Limited, decided in 2017, raises important points for practitioners advising on applications for injunctive relief.
Informal correspondence with the court does not amount to grant of time extension
In Saint Benedict Land Trust Ltd v London Borough of Camden and another, Marcus Smith J allowed the applicant (Saint Benedict) to vary or revoke an order striking out the applicant’s appeal for failure to file an appeal bundle, on condition that the applicant file a complete appeal bundle within seven days or make a … Continue reading Informal correspondence with the court does not amount to grant of time extension
Actions for civil malicious prosecution: Willers v Joyce and another
The case of Willers v Joyce and another (in substitution for and in their capacity as executors of Albert Gubay (deceased) revolved around a suite of litigation that has been ongoing since the 1990s.
Guidance regarding injunctions against persons unknown: Boyd and another v Ineos Upstream Ltd and others
In Boyd and another v Ineos Upstream Ltd and others, Longmore LJ dealt with the tricky issue of injunctions against persons unknown, who were thought to be likely to become protesters at sites selected by the respondents for the purpose of exploration for shale gas by fracking.
Limitation period applies to enforcement of Tomlin orders
The case of Bostani and others v Pieper and another related to the enforcement of a Tomlin order which had been previously entered into by the parties. The court was asked to decide whether the Limitation Act 1980 applied to such agreements. Jacobs J heard the application of the claimants on 4 March 2019.
The relevance of judges’ assessment of litigants’ ability to participate effectively
In Maitland-Hudson v Solicitors Regulation Authority, Green LJ and Carr J considered the appeal of the appellant (Alexis Maitland-Hudson) against findings of misconduct and dishonesty made against him by the Solicitors Disciplinary Tribunal (SDT) in May 2018.
Access to court documents by a non-party
The case of R (on the application of British American Tobacco (UK) Limited) v Secretary of State for Health discussed CPR 5.4C(2) and the case law surrounding this discrete area of practice.
Beware too many experts: Hall v Derby Teaching Hospitals NHS Foundation Trust
In Hall v Derby Teaching Hospitals NHS Foundation Trust, Master Thornett considered the claimant’s application for permission to rely upon additional neurosurgical evidence and for directions in consequence, including an increase to the claimant’s previously budgeted costs.
Varying worldwide freezing orders: FM Capital Partners Limited v Marino and others
In the case of FM Capital Partners Limited v Marino and others, Peter McDonald Eggars QC, sitting as a Deputy Judge of the High Court considered the application of the third respondent, Mr Yoshiki Ohmura, to vary a worldwide freezing order. His judgment considers the definition of assets in freezing orders and in particular in … Continue reading Varying worldwide freezing orders: FM Capital Partners Limited v Marino and others
Does a stay of proceedings apply to the service of a claim form?
In Grant v Dawn Meats, the Court of Appeal had to decide if a court imposed stay of proceedings applied to the service of the claim form, as well as procedural steps required to be taken during the stay.
Third party debt orders: monies in solicitors’ client accounts
In BCS Corporate Acceptances Limited and others v Terry, Morris J discussed third party debt orders and whether such an order could be made over sums held in solicitors’ client accounts.
Setting aside default judgment: Wards Solicitors v Hendawi
The recent case of Wards Solicitors v Hendawi has revisited the common issue of setting aside a default judgment. The matter was heard by HHJ Paul Matthews at the Bristol District Registry.
Is full disclosure always necessary under the worldwide freezing order regime?
The question of adequate disclosure required by a defendant to a worldwide freezing order (WFO) was discussed in the case of PJSC Tatneft v Gennady Bogolyubov and others.
Committal for contempt
The recent case of Barclay v Tuck discussed the settled principles that a court has to consider when an application for committal is made. Spencer J heard the case on 14 May 2018.
“Knowledge” under section 14A of the Limitation Act 1980 considered
In Su v Clarksons Platou Futures Ltd and another, section 14A of the Limitation Act 1980 was carefully considered by the Court of Appeal.
Anti-harassment and non-disclosure injunction granted in relation to alleged blackmail
The High Court has recently ordered an injunction against an unknown third party and provided for alternative service by text message. In the case of NPV v QEL and ZED, all parties have been anonymised to protect their identities, and in particular NPV, a successful businessman.
A “non party” who assists in the breach of the terms of a freezing order can be liable for conspiracy
The Supreme Court has recently given judgment in JSC BTA Bank v Khrapunov.
Freezing order made against unknown parties
HHJ Waksman has recently granted a freezing order against persons unknown, in the case of CMOC v Persons Unknown.
Claimant ordered to repay damages received after court finds that accident was staged
Teare J in the High Court has ordered that the claimant in a personal injury case should pay back the damages he received from insurers, plus costs and interest, in UK Insurance Ltd v Gentry.
When it is appropriate to have a second bite at the cherry: Davies v Carillion Energy Services Limited and another
The Civil Procedure Rules (CPR) do not expressly prohibit a second action where a first action based on many of the same facts and claim has not been successful; in fact CPR 3.4(4) seems to envisage that possibility. However, there are established cases which provide guidance on when a second claim will be held as an … Continue reading When it is appropriate to have a second bite at the cherry: Davies v Carillion Energy Services Limited and another
Waiver of privilege even where there is a lack of advice
Legal privilege is a fundamental base of our English legal system upon which the administration of justice is built. In Ventouris v Mountain, The Italia Express (1991) 1WLR 607, Lord Justice Bingham explained the public interest in a client being: “…free to unburden themselves without reserve to their legal advisors” and their legal advisors being … Continue reading Waiver of privilege even where there is a lack of advice
The use of video link in civil proceedings
With the drive to use technology to make litigation more efficient, it is surprising that we do not make more use of permitted technological aids, such as video link for oral witness evidence.
Application for payments on account of costs
I am tasked specifically within our firm to deal with cash flow. An important part of that role is to ensure that we get money in as soon as possible on conclusion of a case. In recent years I have seen a shift in balance and attitudes towards payments on accounts of costs. There are … Continue reading Application for payments on account of costs
Solicitors Act charge
A Solicitors Act charge is a tool that solicitors can utilise to recover their costs against a client, where exercising a lien is unavailable, inappropriate or ineffective.
Bath v Escott: the importance, or not, of a judge’s reasons
The recent case of Bath v Escott highlights the difference between a judge’s reasoning as evidenced in judgments and the actual decision as recorded in a court order, and the precedence of the latter.
Hearsay notices and witness summaries
There are numerous reasons why a witness may be unable or unwilling to assist a party in litigation, either by providing a witness statement, attending court or both. In such circumstances, careful consideration should be given to how that evidence can be adduced.
New Pre-Action Protocol for Debt Claims
In March 2017, a new Pre-Action Protocol for Debt Claims was published by the Ministry of Justice (MoJ) and will come into effect on 1 October 2017. It has taken some time to finalise, with drafters seeking to balance the need for processes not to be overly burdensome on creditors against the protection of consumers.
Tying yourself in a knot(weed): Waistell v Network Rail Infrastructure Limited
A county court judge, Recorder Grubb, gave a judgment (Waistell v Network Rail Infrastructure Limited (2017) (County Court) (unreported)) in what is thought to be the first decided claim for damages arising from the existence of Japanese Knotweed on a neighbour’s land. Although it is not a binding decision, it could open the floodgates for … Continue reading Tying yourself in a knot(weed): Waistell v Network Rail Infrastructure Limited
Do ATE policies represent good value for money for clients?
Over the past year, it has become increasingly difficult to obtain after the event (ATE) insurance for lower value multi-track work. Additionally, where ATE cover has been offered, the premiums could be as high as 40-50% of the level of indemnity sought. In some instances, lower value multi-track claims (values of £25,000 – £100,000) with … Continue reading Do ATE policies represent good value for money for clients?
Children’s legal aid funding and the LAA’s statutory charge
Towards the end of 2016, there was an interesting judgment from Keehan J in P v A Local Authority, which related to proceedings involving a child (P), a local authority and the Legal Aid Agency (LAA). In a decision that considered matters under the Human Rights Act 1998 (HRA) and CPR 21, Keehan J determined that … Continue reading Children’s legal aid funding and the LAA’s statutory charge
When is a costs budget not a costs budget?
In a recent County Court case (Narinder Singh Birdi v Balwinder Singh Birdi), where I acted for the defendant against his brother, the claimant’s original particulars of claim were struck out due to numerous irregularities which meant that neither the defendant nor the court could identify exactly what was being claimed. The claimant filed amended … Continue reading When is a costs budget not a costs budget?
