the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Detailed Assessment of Costs after Summary Assessment

The usual rule in many cases is that costs are summarily assessed by the judge at the conclusion of the trial or hearing. Often, however, proceedings run late and there is not time to give an ex tempore judgment, let alone deal with the issue of costs. Likewise, summary assessment may not be possible where there has been some failure to provide relevant information to allow it to take place. &nb... [More]

A Handbook for Litigants in Person Published

The Judiciary of England and Wales have sought to pre-empt the predicted wholesale increase in litigants-in-person by publishing what it has modestly titled ‘A Handbook for Litigants in Person’. I say “modestly” as it runs to some 170 pages and appears on a first read through to be extremely comprehensive. Indeed the learned editors have gone so far as to provide the wou... [More]

Managing Children's or Patient's Settlements and not winning the lottery

Generally speaking, the courts are swift to afford parents with the responsibility of administering a settlement of damages on behalf of their child. Indeed, there is careful provision in our legal system to afford such unfortunate parents with mechanisms to do this, albeit with supervision. The system obviously is not flawless.   Surely mostly the money is spent wisely and on behalf of the ... [More]

CPR 3.14 - How Explicit and Draconian?

The notes in the White Book below Civil Procedure Rule 3.14 suggests the “rule is explicit and the consequences of failure to comply Draconian”. The rule itself provides that “Unless the court otherwise orders, any party which fails to file a budget despite being required to do so will be treated as having filed a budget comprising only the applicable court fees.” It ... [More]

The Length of Judgments and the Cost of Litigation

For a number of reasons, the cost of litigation is a hot topic at the moment.   Lord Justice Mummery in giving the lead judgment of the Court of Appeal in Neumans LLP v Andrew Andronikou & Ors [2013] EWCA Civ 916, suggested a way that he and his brethren could assist in ensuring that legal costs are kept to a minimum by judges keeping their judgments as short as possible.   He held ... [More]

Litigants in person, adjournments and Article 6

In what appears to be a decision which may add to the recently burgeoning corpus of jurisprudence surrounding the treatment of litigants in person,* the High Court has afforded lenience to an unrepresented party who sought a second adjournment of a trial.   Tan & Anor v Law & Anor (2013) High Court, QBD (unreported, 24/6/13) is a debt claim. The Defendants’ previous contention... [More]

What is a Witness Statement?

What is a witness statement? What is it for? And what should it contain?   These are all questions which ought to be simple-enough to answer. However frequently it appears to those involved in litigation that the simple-enough answers are not always correct! Witness statements not infrequently go wildly beyond the confines of a lay witness’s actual knowledge of proceedings; opinions an... [More]

Privatising the Courts - things can only get better?

“Err... sorry but, we have your skeleton argument, but the Judge says he doesn’t have any other documents from the Defendant. It seems half the court file has been lost”   This was the lament from a very long-suffering court usher to the author just yesterday morning ahead of a Fast Track trial. It is not an unfamiliar complaint in most barristers' experiences. Indeed, ... [More]

New CPR 3.9 - Ending the "culture of toleration of delay and non-compliance with court orders" and a "different justice"?

Tomorrow as the last working day before April, shall mark the end of an era. Not a particularly long era. But all of fourteen years of the Civil Procedure Rules as we have known them. From the 1st April 2013, the CPR will be significantly altered for every civil litigant. Most pertinently, the Overriding Objective will now include specific reference to undertaking litigation at proportionate ... [More]

No Laughing Matter

Regular readers of this blog (or bLAWg) may have realised that I am keen on law-related stories from across the Atlantic, having received something of an insight into the Floridian legal system last year. Such readers may also have noted my propensity for posting on Friday as a means of providing some light relief… this post takes up both themes!   New Jersey like the UK has part-t... [More]