How does the court deal with uncontroverted expert evidence?
This week I am considering the case of Griffiths v TUI (UK) Limited [2021] EWCA Civ 1442 (CA) which was handed down in the Court of Appeal on 7 October. Earlier this year, in my post about the case of Oaklion Properties Ltd v Denbighshire County Council [2021], I explained that, when preparing for a […]
Preservation of evidence: Chubb European Group SE v Hiscox Insurance and Hawkins & Associates Ltd
It has been a while since I looked at an insurance dispute so this week I have chosen to review Chubb European Group SE v Hiscox Insurance and Hawkins & Associates Ltd [2021] EWHC 1808 (TCC). Judgment was handed down on 9 June 2021. The case was concerned with Chubb’s application for an order seeking […]
Original and best: Advancing a claim without the primary document
What happens if you want to bring a claim, but you no longer have the original version of the key document you need to support your case? This is a point which the Court of Appeal was asked to consider in the case of Goodison v PRA Group (UK) Limited. Background The appellant, G, had […]
Applications for pre-action disclosure: specific, timely and fair
In this week’s Weekly Law Review, I have chosen to look at the case of Domestic and General Insurance Plc v HomeShield Direct Ltd [2021] 4 WLUK 278. Fellow litigators will know just how tough it is to get a pre-action disclosure order, and this case reinforces that fact. It also serves as a useful […]
Expert Witnesses: Oaklion Properties Ltd v Denbighshire County Council [2021]
Oaklion Properties Limited v Denbighshire County Council was heard in the Upper Tribunal (Lands Chamber) in January 2021, and the decision was handed down on 12 March 2021. The case was concerned with the compulsory purchase of a property and what value should be attributed to that property. The points that the tribunal made about […]
Confidential Information: Travel Counsellors Ltd V Trailfinders Ltd
This is the transcript to my latest Weekly Law Review vlog which is available on my LinkedIn profile and my YouTube channel. After a short break, I have chosen a case which was handed down on the 19th of January 2021. The case is Travel Counsellors Ltd V Trailfinders Ltd and it was heard in […]
The Disclosure Pilot: AAH Pharmaceuticals Ltd and another v Jhoots Healthcare Ltd and another [2002] EWHC 2524 (Comm)
This is the transcript to my latest Weekly Law Review vlog which is available on my LinkedIn profile and my YouTube channel. The Business and Property Courts’ Disclosure Pilot has been in place since the 1 January 2019. Dealing with disclosure is one of the most expensive aspects of preparing a case for trial. The […]
Dealing With Commercial Disputes
On 28 November 2019, I was delighted to be invited to speak at the AMPS Power Connections Conference in Manchester. My presentation was a whistle stop tour of the litigation process in England and Wales. I explained that dealing with court proceedings can be unpredictable and expensive and that it is therefore important to get […]
Limitation, limitation, limitation
A claimant should not delay in obtaining legal advice about a dispute. A claimant in a case does not have an indefinite amount of time to issue proceedings in court. limitation periods exist to place time limits on the period within which a claimant can commence legal proceedings. The relevant time limits are set out […]