The Guideline Hourly Rates changed on 1st January 2025. These are set out below. The 2024 rates can be found underneath. Guideline hourly rates 2025 Grade Fee earner London 1 London 2 London 3 National 1 National 2 A Solicitors…
This section looks at decisions in relation to relief from sanctions and the general principles of CPR 3.9. Often there are links to the decisions themselves, together with links to posts on this blog. CASES IN CHRONOLOGICAL ORDER DECEMBER 2024…
Many, if not all, litigators will be familiar with the scenario whereby an estimate of costs is given and events develop so that the estimate is overtaken. This scenario was considered in the case we are considering today. An estimate…
Here we are looking at a case where a party, dissatisfied with the approach of a jointly instructed expert, applied to the court for permission to instruct their own expert. The judgment contains a useful summary of the relevant principles….
We are looking at a case where the court struck out the claimant’s case against three defendants because of the inadequate way in which the case was pleaded. General assertions that someone here must be to blame were not sufficient. The…
On the 10th June 2025* this site is becoming a membership site. All the past posts, and the vast majority of future posts will only be available to members who have joined. This post explains what readers need to do…
I was saddened to learn yesterday of the death of District Judge George Branchflower. This is a sad loss to his family, his friends and the legal profession. GEORGE’S ROUTE TO THE BAR George had an unusual route to…
The use of AI which cites “false” cases is extremely worrying. It is clear that this is a widespread issue. In an appendix to the judgment the Divisional Court reviewed the cases, including many from foreign jurisdictions, where AI had…
Part of a series on fatal accident litigation this webinar takes you through the essential elements you have to consider before you can advise whether a claim for fatal accident damages can be brought. Booking details available here WHAT THE…
We are returning to (and not for the last time) to the Divisional Court judgment in relation to the citation of false authorities due to the use of Artificial Intelligence. The Court reviews the dangers, the guidance and the sanctions…
We are continuing with the examination of the Court’s judgment in relation to cases where false authorities have been cited as a result of a reliance on false authorities, generated by artificial intelligence. Here we have a case where the…
This blog has already considered the case of Frederick Ayinde, R (on the application of) v The London Borough of Haringey [2025] EWHC 1040 (Admin) on several occasions. False (presumably AI generated) authorities were put before the court. That case,…
Here we look at a case where the claimant suggested that a preliminary issue trial be adjourned. The court was firm in its rejection of that suggestion. The judge stated that the trial “is not a rehearsal” and that if…
This series may well be misnamed. A more apt description may well be “not proving things”. That is what we are considering in looking at the case today. There was a lengthy trial with a substantial claim for damages. The…
This series is giving rise to more cases than I initially thought. Here we look at an example of a claimant wishing to pursue a specific line of argument but having to accept that it was not pleaded and that…
The webinar on Part 36 that I broadcast earlier this week is now available on YouTube and can be found here. Links to previous webinars on Part 36 can be found below. MATTERS COVERED IN THE 2025 WEBINAR This…
There have been a large number of cases where the courts have been critical of attempt to “re-open” judgments at the stage where the draft judgment is circulated. We see another example here. The judge reviewed the cases on this…
If we had a pound for every word in witness statements served in just one single month that was irrelevant or inadmissible we could probably go a long way to paying off the national debt. The costs, however, are probably…
Fatal accidents claims are often some of the most challenging areas for the litigator. Claims have to be investigated (and defended) with great care and sensitivity. To add to the difficulties the law relating to damages is almost wholly based…
There have been a number of cases recently relating to Part 18 questions and questions to experts. Here we are looking at a case where the defendant raised numerous requests to the claimant and sought a peremptory order when it…
The previous post about when experts should be called to give evidence also contained a consideration of the nature of questions that can be put to experts. One of my colleagues has suggested that the summary relating to the questioning…
When should the courts permit experts to give evidence at trial? There are few cases on this topic and today we are looking at a decision in the family courts. The case is relevant to civil practitioners in that it…
Yesterday I gave a webinar about Part 36, this will shortly be available on YouTube. The webinar reviews cases over the past 12 months. One of the points being considered was the arguments in Henderson & Jones Ltd v Salica Investments…
It is important for all litigators and litigants to know that some regimes, although normally costs free, do have a discretion to award costs. The Employment Tribunal is an example of this. In this case the Employment Appeal Tribunal upheld…
This is a case where the judge found that the claimant and a witness relied on documents that they knew to be forged. It is an important reminder of the lengths that some people can go to in litigation. It…
The issues of an occupier’s duty in relation to those walking along unadopted highways are always complex. Here we look at a case where the claimant was successful in establishing a breach of duty following an injury she sustained when…
Today we are looking at a case where the judge rejected an argument that evidence could not be given because the particular issue had not been pleaded. The judge held that, on the facts of this case, the evidence was…
The Ministry of Justice announced on the 30th May 2025 that there is to be a reduction in the interest rates paid on funds in the Court Funds Office. Photo by micheile henderson on Unsplash THE ANNOUNCEMENT The announcement can be found here. “In…
It is difficult to find anyone who has a good word to say about Section 2 of the Animals Act, this webinar looks at recent cases relating to liability for animals and the practical steps litigators can take when considering…
I am grateful to my colleague Paul Hughes for sending me a copy of the decision we are looking at today. Another case on the ongoing saga of whether a retainer allows a solicitor to serve interim statute bills. The…
Here we are considering a High Court decision about the consequences of a Part 36 offer. The claimant failed to beat the offer “by a whisker” because of the way in which interest was calculated. The judge considered the claimant’s…
There are relatively few cases on procedural issues relating to Part 18. In this case the judge considered whether the court had power to compel a claimant to reply to Part 18 questions from the defendant before a defence was filed. …
Sometimes you have to go looking for a pun as a headline for a blog post. Often they simply write themselves. In a case involving water companies who spent £1.2 million on experts, this was one of these cases. The…
This webinar looks at recent cases in relation to periodical payments and periodical payments, including an interesting negligence case brought against solicitors who failed to claim provisional damages. Booking details are available here. It then looks at the…
The lawyer’s duty to keep the client fully informed of the costs being incurred is an important one. This duty is highlighted in the case we are considering today. The Administrative Court upheld a finding of the Legal Ombudsman that…
I am not sure whether there are more cases about pleadings recently, or whether I am noticing them more having started this series. However issues relating to statements of case keep arising. Here we look at a case where the…
Today we are looking at a case where the claimants were successful on appeal in overturning an order granting the defendant summary judgment. The case shows the limits of applications for summary judgment, in particular arguments that evidence was not…
The decision in Swift -v- Carpenter set out the approach the courts should normally take when a claimant needs to purchase accommodation because of their injuries. However that judgment, expressly, left open issues relating to the approach the courts should take…
Losing a case on appeal is always painful. Having to repay the damages and costs that have been received is more painful still. Another element of pain is the fact that the losing party has to pay interest on the…
Today we are looking at a case about a failure to serve the claim form properly. The claimant did not consider whether they knew, or had served, on the defendant’s “last known residence”. As a result a default judgment, order…
Today we are looking at a pleadings issue that arose in the course a lengthy contractual dispute. The claimant made certain, specific allegations, and pleaded that these matters breached a large number of contractual obligations. However, at trial, the claimant…
When a claimant is injured by doormen working on licensed premises is the publican vicariously liable if the assailants were employed by a separate security company ? The answer is “it depends”. The issue is primarily one of control. It…
There is always a batch of interesting cases on Part 36, for the past four years I have reviewed this in a webinar arranged by my chambers. This year is no different and the webinar takes place on the 3rd…
Here we are looking at a judgment that is all about statements of case (or at least the part of the judgment we are looking at). The claimants applied to strike out large parts of the defendant’s defence. The judge…
There is no shortage of posts on this blogs where judges are critical of expert witnesses. Today we look at another such case where the judge found the expert’s approach “concerning” and went on to state that the expert was…
Injunctions normally have to be served in person. Here we are looking at a short point as to when it is permissible to serve an injunction by email. THE CASE Chanel Ltd v Skeens [2025] EWHC 619 (KB)…
We have looked many times at the problems caused by witness statements, including when a witness “tries” to remember matters they really cannot, or reconstructs what they feel did happen (or should have happened). This is a feature of all…
Today we are looking at a case where the defendant appealed against a decision that the claimant could recover the future cost of medical treatment to be carried out on a private basis. Statute states that there is no duty…
Today we are taking a rare trip into the criminal courts, the Court of Appeal Criminal Division. However we are looking at an issue that affects most, if not all, lawyers. A client can attempt to blame their lawyer for…
We are continuing to work through the results of one case in relation to the recoverability of success fees from a client’s damages. The claimants, seeking to challenge their former solicitors deduction of costs from their damages, argued that the…
We will, for the next few posts in this series, be working our way through one case. We have already looked at the judge’s observations in relation to the claimants’ witness statements. We now consider the issue of how much…
“We go back through your claim in fine detail and if we find that your previous solicitor wasn’t thorough enough and your claim was mishandled, we’ll squeeze out all the compensation that you’re entitled to, getting you more money, and…