Posts from Hodge Jones & Allen

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

When an English jurisdiction clause is not all it should be

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

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?