pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

No sudden outburst of honesty by under-compensated miner

The Court of Appeal has recently upheld a County Court Judge’s decision to award damages to a former miner who complained that he had been under-compensated in an industrial injury scheme.  One of the reasons given was that the Defendant’s explanation for the Claimant’s conduct was implausible in relying on a steady state of dishonesty interrupted by a brief “outburst ... [More]

Mitchell bonanza!

The Law Society Gazette has reported that the Court of Appeal is due to hear three consecutive appeals on Mitchell related issues. The cases are due to be heard on 15th and 16th June and are intended to give some clarity for lawyers in what has become an unpredictable landscape The cases to be heard are Utilise TDS Limited v Davies, Decadent Vapours Ltd v Bevan & Ors A3/2014/0767 and De... [More]

"…It all happened so fast": Is recollection really evidence?

It’s often said that Judges hate witnesses and love documents. Unless tampered with, a document is a permanent and faithful record of its content. Even the most well-intentioned witnesses can be tripped up at trial by something they or others have recorded in a document during or shortly after an event. We all know that memory fails and it is the function of the trial process to attempt to r... [More]

Jackson on Jackson

“It was no part of my recommendations that parties should refrain from agreeing reasonable extensions of time, which neither imperil hearing dates nor otherwise disrupt the proceedings” said Jackson L.J. in Hallam Estates Limited v Teresa Baker [2014] EWCA Civ 661. In Hallam the claimants (paying parties) asked for an extension of time for filing their points of dispute in proceeding... [More]

Relief From Sanctions - The Pendulum Swings

    Two decisions delivered shortly before Easter suggest a change in the direction of the Mitchell pendulum. Chartwell Estate Agents Ltd v Fergies Properties SA [2014] EWCA Civ 506 is a "must read" decision of the Court of Appeal. It concerns the failure to exchange witness statements. Both parties had failed to serve witness statements whilst a squabble about disclosure rumbled on... [More]

Equity Jurisidction of the County Court increased.

Ian Miller of this parish has already blogged about the creation of the “new” County Court http://www.piblawg.co.uk/post/2014/03/26/The-“Single”County-Court.aspx, pursuant to The High Court and County Court Jurisdiction (Amendment) Order 2014, but it is also noteworthy that the County Court Jurisdiction Order 2014 comes into force on 22 April 2014.  That order increase... [More]

SIlence is Not Golden

The Court of Appeal in PGF II SA v OMFS Co [2013] EWCA Civ 1288 considered the question of whether silence in the face of an invitation to mediate could ever be considered reasonable. C had brought proceedings against P for breaches of a tenant’s repairing covenants in respect of a commercial building.  C’s claim was for approximately £1.9 million and C made two Part 36 of... [More]

Mitchell revised?

A little light relief for Friday afternoon. A decision of Males J started doing the rounds last week:  Vivek Rattan v UBS AG, London Branch [2014] EWHC 665 (Comm). It is well worth a read, not least because it is short. The case concerned misselling (or as the Claimant put in its skeleton argument “misspelling”) of investments. The Claimant took the point that the Defendant&rsqu... [More]

Newcastle International Airport Ltd v Eversheds LLP - making sense of legalese

When faced with a complex legal document (the new procedural rules, being one example), it is often tempting to skim read and shrug off any incomprehensible sections, in the hope that they are not important. Newcastle International Airport Limited v Eversheds LLP ([2013] EWCA Civ 1514) demonstrates why it pays to press ahead – in a darkened room, with a wet towel over your head if needs be. ... [More]

Failure to serve Witness Statements on time – better late than never?

Mitchell is still providing a rich source of material for articles, and concern for those worried about being the subject of the next big professional negligence action…   Following on from Andrew’s post last week, I recently encountered the scenario where one party sought to vary a Court timetable of directions but it was not agreed.  Clearly, if the directions themselves... [More]