pnBlawg

the professional negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

The "new approach" to applications for extensions of time to appeal

A recent judgment of the Court of Appeal has extended the spectre of the robustness of the 'Jackson Reforms' yet further. Although the approach courts now take is somewhat softer following the Court of Appeal's judgment in Denton, there is no doubting that the earlier decision in Mitchell has changed the landscape of litigation, at least in cases where concession or relief is sought and where defa... [More]

Warning against overly long bundles and skeleton arguments

Caldero Trading Ltd v Leibson Corporation Ltd & Ors [2014] EWCA Civ 935 was a commercial law appeal. It was listed for three days. The Court was presented with no less than 17 lever arch files of documents and authorities. The appellant’s skeleton argument (including a schedule and four appendices) was 72 pages long; the respondent’s (including also four appendices) ran to 67 pages... [More]

Interest on Costs paid to Negligent Legal Representatives

The High Court recently provided litigants with some guidance as to the principle of a party claiming interest on costs paid to legal representatives in actions which are subsequently held to have been negligently conducted.   Surely, the principle that such a party should recover interest on the returned fees is sound in law, corresponding with such judgments as Lord Denning in  Jeffor... [More]

The Determination of Consequential Issues after Trial and the Apparently Biased Judge

Who should determine any questions as to costs at the conclusion of a trial? The standard – and it seems almost always correct – answer, would be the trial judge himself. The rationale is obvious and entirely sensible – that such ancillary issues should be determined by the tribunal which heard the case from which the such issues arise. However, the Court of Appeal last week sug... [More]

Limitation Periods and Solicitor Negligence

In the case of Susan Berney v Thomas Saul (T/A Thomas Saul & Co) [2013] EWCA Civ 640, the Court of Appeal has provided further guidance as to the date of the accrual of a cause of action in a solicitor’s negligence case.     Ms Berney (“MB”) instructed Thomas Saul & Co (“TS”) in 1999 to act for her in a personal injury claim following a road traffi... [More]

Skeletons in the Courtroom

When I was at law school we only allowed to produce skeleton arguments for moots if they did not exceed four sentences in length. It was no easy task, but it really forced one to be as lexically economical and phraseologically elegant as possible.   However since, I have been encouraged to be far more expansive. I have thence been lead to believe that a skeleton argument is a powerful means o... [More]

Claims against solicitors and the “new” CPR 3.9

CPR 3.9 ‘Relief from Sanctions’ is being entirely reformed. From the 1st April 2013, gone will be the checklist which is to be replaced by a much broader discretion as to whether to grant relief, with the judge specifically referred to the need for litigation to be conducted efficiently, at proportionate cost, and with a need to enforce compliance with rules, practice directions and or... [More]

Early Applications for Pre-Action Disclosure: Assetco Plc v Grant Thornton UK LLP

At the heart of an application for pre-action disclosure (“PAD”) in a prospective case where there is no issue as to the correct parties being implicated, is a bifurcated test. The first element consists of a jurisdictional test: would the documents sought fall within standard disclosure? The second element consists of a discretional element: is early disclosure desirable, and should d... [More]