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BVC Civil Procedure

BVC Civil Procedure. Costs Part II The Trial. Costs. Proportionality - Giambrone v JMC Holidays Ltd [2003] 1 All ER 982 Conduct - (44.3) and 44.5 Groupama Insurance Co Ltd v Overseas Partners Re Ltd [2003] EWCA Civ 1846 Booth v Britannia Hotels Ltd [2002] EWCA Civ 579

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BVC Civil Procedure

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  1. BVC Civil Procedure Costs Part II The Trial

  2. Costs • Proportionality - Giambrone v JMC Holidays Ltd [2003] 1 All ER 982 • Conduct - (44.3) and 44.5 • Groupama Insurance Co Ltd v Overseas Partners Re Ltd [2003] EWCA Civ 1846 • Booth v Britannia Hotels Ltd [2002] EWCA Civ 579 • Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002 • Burchell v Bullard [2005] EWCA Civ 358

  3. The Indemnity Principle • Harold v Smith [1860] 5 H& N • Smith v Buller [1875] LR 19 Eq 473 • Gundry v Sainsbury [1910] 1 KB 645 • Increasingly obsolete (CFAs etc) - Hollins v Russell [2003] 1 WLR 2487

  4. Preparation for trial • Form N170 - pre-trial checklist • Ensure all directions are complied with and if other directions are to be sought • Fix or confirm a trial date • Confirm the estimated trial length • 28.6 - • FT- 3 weeks notice of trial given unless the circumstances of the case are exceptional (28.6(2). • Decide whether or not to hold a pre-trial review in a multi-track case

  5. Preparation for trial • When listing the court will decide - As to expert evidence (written or oral) • Preparation of a trial bundle • A trial timetable and time estimate • Pre-Trial Review (29.7) • in complex cases with numerous parties or which will last more than 10 days (see White Book commentary 29.7.1). • Baron v Lovell The Times 14th September 1999) • 29.8 • Timetable should be agreed - 29.9

  6. Preparation for trial • The trial bundle • agreed between the parties and prepared and filed by the claimant no more than 7 and not less than 3 days before the trial (PD39.3.1) • “core bundle” (PD39.3.6) • Practice Direction (Citation of Authority) [2001] 1 WLR 1001 • Brown v Bennett Times 13th June 2000 • reading lists (Practice Direction (RCJ Reading Lists and Time Estimates [2000] 1 WLR 208)

  7. The trial • Small claims - PD 27.4.3 • Benham Ltd v Kythira Investments Ltd [2003] EWCA Civ 1794 • 39.3 – if D fails to attend trial the court will hear C’s case and give judgment if it is proven. • may be set aside if D applies promptly with a good reason for non-attendance and a reasonable prospec of success at a reconvened trial (– Barclays Bank plc v Ellis [2001] C.P.Rep50 • Ashmore v Corp of Lloyd’s [1992] 2 All ER 486

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