It was held that a committal application alleging a false statement of truth was alleging a public as opposed to a private wrong and that there should be rigorous control of the conduct of such proceedings brought in the public interest. If the application were to be granted there was a high likelihood that there would be a further adjournment of the trial. It was not right that proceedings in the public interest should be conducted in such a way as to produce material at the last minute where a ...
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No error in judge's decision to refuse to admit new expert evidence where there had already been a joint experts' report:The Court accepted that a DJ had been correct in refusing the C permission to rely on a new expert report on the eve of trial and where a joint expert report had already been prepared and the C's expert had appeared to change his opinion in favour of the D. It was held that in the context of trial management it was good if an expert changed his opinion sooner rather than later ...
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A late application to adduce expert evidence was granted as it would at least arguably assist the Court
It was held that the necessity of expert evidence in the instant case could not be determined without seeing an expert report. However, the expert's evidence would at least arguably assist the court and the necessity of that evidence would have to be determined at a later time. In the context of a case that had as much as £100 million at issue, the prospect of the parties incurring £1 million in expenses relating to the expert evidence was an insufficient reason not to allow the evidence to be a ...
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The court commented on the factors for assessing the damages to be awarded for pain, suffering and loss of amenity for mesothelioma, and on the lower level figure for awards in the Judicial Studies Board Guidelines 10th Edition.The Court held that the assessment of damages in mesothelioma cases was far more complex than the emphasis in the JSB Guidelines on "duration of symptoms" would suggest. Factors to be taken into account were the extent and effects of the invasive investigations that a cla ...
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An application to bring contempt proceedings against 7 individuals who it was claimed had given false information about car hire rates was granted.The evidence against the respondents was ostensibly strong. There appeared to be a basis for saying that the respondents in their individual cases had the knowledge that there was a false picture being presented to the court. The problem was certainly significant, there being a large raft of cases. It would not be trivial if the matter were proved. Th ...
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Where Counsel was concerned that evidence was being adduced that was a departure from a pleaded case, it was incumbent upon him to invite the trial judge to rule on that objection and insist on the ruling. It was therefore too late to raise the point on appeal.The appellant employee appealed against a decision dismissing her personal injury claim arising out of the alleged negligence of the respondent employer. It was apparent that the approach of counsel for the employee at trial was insufficie ...
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Outer House case relating to a personal guarantee granted by Mr Kipling to Dunbar Bank. The bank issued a charge for the payment of over £1m on Mr Kipling on the basis of the guarantee. Mr Kipling argued amongst other things that he was not liable to pay as the bank had agreed to waive its right to recover under the guarantee. Lord Pentland granted an interim suspension and interdict preventing the bank from taking diligence against Mr Kipling following on from the charge. ...
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Failure of the court to deal adequately with expert evidence when an expert comments on areas outside of his appointment.The Court held there would need to remit a claim for maintenance and repairs for a re-trial after a judge had failed to adequately deal with an expert report which professed to deal with maintenance and repair costs which were outside the scope of his appointment. A claim for just over £55,000 for maintenance and repair costs had been made as part of an claim for personal inju ...
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A single judge sitting in the High Court did have jurisdiction to make a committal order for an alleged contempt of court in proceedings commenced in the county court but subsequently transferred to the High Court.The appellant, who had been the original Claimant appealed against a decision that a single judge sitting in the High Court had jurisdiction to hear an application by the respondent Insurer for his committal for alleged contempt of court. The Insurer had filed and served a Defence alle ...
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The trial judge had not erred in implicitly accepting a witness' evidence as truthful despite not clearly expressing his reasoning and consequent findings.A local authority appealed against a decision that it had breached its duty of care owed to the Claimant when she had fallen crossing a grass verge outside her house due an averred hole in the car. During the trial the judge considered a number of photographs of the verge taken at least 3 years after the accident which the Claimant suggested w ...
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