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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

  The case of Venulum Property Investments Ltd v Space Architecture Limited [2013] EWHC 1242 (TCC) concerned a relief from sanctions application under r. 3.9. The decision was in fact made under the old rules because the application was made prior to 1st April 2013 but the judge (Edwards-Stuart J) took the new regime into

Michael Wink v Croatio Osiguranje DD [2013] EWHC 1118 (QB) (Haddon-Cave J)   This case arose out of a road traffic accident in Croatia on 5 September 2009. The Claimant, a UK national domiciled in England, was on holiday with his wife when the accident happened. He was cycling along a street when he was

In Onay v Brown [2009] EWCA Civ 775, the Defendant car driver admitted liability and consented to the entry of judgment against him,  the sole remaining issue on liability being whether the Claimant motorcyclist was speeding and/or failing to keep a proper lookout and was therefore contributorily negligent. 25 days before trial the Defendant offered

Coulson J in the TCC has considered the question of parties’ ability to agree in contractual terms to vary the usual limitation period governing claims either side might make under a construction contract. He noted that this issue had recently been decided by the CA in favour of allowing parties to vary the limitation period

A senior specialist judge has recently been criticised in trenchant terms by the Court of Appeal for delivering a written judgment that did little more than to replicate the submissions of counsel for the successful party.  He seems to have used the electronic (Word) copy of the submissions, deleted the barrister’s signature and made a few

“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

The Court of Appeal in Heron v. TNT (UK) Ltd [2013] EWCA Civ.469 considered whether or not solicitors who failed to obtain ATE Insurance for their client in a personal injury case and who failed to admit that to him – but without any conscious impropriety – should be subject to a non-party costs order.  The defendant’s

 Ex turpi causa is one of those doctrines which we learn when we study law but rarely get to use in anger.  But in a judgment published today the Court of Appeal has upheld a judge’s decision to deny the claimant any recovery against his uncle whose dangerous driving caused him a serious head injury.


The London Common Law and Commercial Bar Association has a new website.  

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