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.
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
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 High Court has refused to grant an anti-suit injunction to restrain the defendant from pursing unfair prejudice proceedings in Hong Kong against: Two companies that had signed contracts including exclusive jurisdiction clauses in favour of the English court. Related companies within the same group (that had not signed up to the contracts containing English exclusive jurisdiction … Continue reading When an English jurisdiction clause is not all it should be
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.
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
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.
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.
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.
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.
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
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?
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
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?