THE BACK TO BASICS SERIES: A RUNNING ACCOUNT: READ THEM ALL HERE

The “Back to Basics” series, as the title suggests, deals with some of the basic elements of civil procedure. It covers everything from applications and bundles to the taking of witness statements.  The titles are often prompted by elements of recent cases, search terms that lead to this blog, or matters that I come across in everyday practice.   I thought it would be useful to have a running account of the posts in the series.

• 1: The humble application: wording and timing.

• 2: “Evidence in support” of an application.

• 3: The statement of truth

• 4: What not to put in a witness statement “inadmissible and irrelevant opinion, submission, speculation and innuendo.”

• 5: Schedules and counter-schedules: Not a number-crunching exercise.

• 6: Non-disclosure of a Part 36 offer

• 7. Bundles: A chance to revisit “Sedley’s Laws”

• 8. Leaving Venom out of witness statements: a pen dropped in vitriol is going to cost you money.

• 9. The Court not entitled to reject written evidence unless it is “simply incredible”.

• 10. Challenging the authenticity of documents must be done promptly. 

• 11. The difference between the “date of issue” for limitation purposes and the “date of issue” for the purpose of service.

• 12. The difference between a non-admission and a denial.

• 13. What is meant by witness credibility?

• 14. Service of the claim form on a solicitor.

• 15: Challenging the authenticity of documents: a primer.

• 16. Costs budgeting: The guidance notes on Precedent H.

• 17. When should a cost budget be filed: where things go wrong.

• 18. When is a good time to apply to extend the claim form? Never, just never.

• 19. Back to basics: costs budgeting when case is more than £25,000 but less than £50,000

• 20.  The back to basics series – a recap

• 21. Pleading in the alternative: Binks -v- Securicor 

• 22. When the claimant adopts allegations of contributory negligence: hoist on your own petard

• 23. You can’t sue the dead: but you can sue their estate: what to do if there is no estate

• 24. The bankrupt claimant (personal injury litigants in particular)

• 25. Fatal Accident limitation periods and children 

• 26. When can a witness be excluded from the court hearing?

• 27. Waiving legal professional privilege in a witness statement

• 28. Exhibits to witness statements and affidavits 

• 29. Experts and facts: Experts who venture onto the judge’s territory don’t usually fare too well.

• 30. The advantage of applying for an extension before the date of breach: the case keeps momentum

• 31. Service of the claim form at the “last known address”: five key points

• 32. Beware ye, beware ye, the humble witness summary: it could bite back – with vengeance.

• 33. Invaluable guidance on expert evidence from the ICCA

• 34. “The Sources of Information and Belief” in witness statements: 10 key points

• 35. Witness credibility: more than memory or honesty

• 36. What to do when a proposed defendant has died and there is no grant of probate

• 36A “Understanding “Litigation wishful thinking” 

• 37. The ever so humble Reply: cannot be used to bring a new claim

• 38. The Defence to Counterclaim 

• 39. A Notice to Admit Facts: the rules and case law

• 40. How civil judges decide cases

• 41. Seeking clarification of a Part 36 offer: CPR 36.8

• 42. Why a day early is so very different to a day late: the Robert criteria.

• 43. Cross-examining experts: useful guides and links

• 44. Just don’t write rude things: language that is “far removed from the professional courtesy that solicitors are expected to show each other”.

• 45. The court can reduce the number of witnesses and evidence before trial.

• 46. How to instruct counsel: hints and tips from the internet

• 47. The formal (and mandatory) requirements of a witness statement: a checklist

• 48 An application to set aside an order made without notice is a rehearing and not a review.

• 49. The case summary: The rules, some guidance and an example

• 50. The first 50 posts.

• 51.Bullock and Sanderson Orders: costs where there are multiple defendants.

• 52. The Reply and Defence to Counterclaim: To Reply or not to Reply – that is the Question.

• 53. Part 36 and costs after the Court has limited the budget to court fees.

• 53A. Part 36 and Costs after the Court has limited the Budget to Court Fees: Ali -v- Channel 5

• 54. Schedules of Damage should not be works of fiction.

• 55. The 70 key points of the Denton Judgment. 

• 56. Advising on the risks of litigation “clients want two inconsistent things” 

• 57. You can’t submit that a witness is lying unless you have put that case to them.

• 58. How to calculate time in the Civil Procedure Rules

• 59. When a client disowns their own witness statement: self protection for the lawyer

• 60. Interim Orders on Account of Costs: “Cash flow is the lifeblood of business”

• 61. Similar Fact Evidence in Civil Proceedings

• 62. Asking leading questions when interviewing witnesses – can (or will) lead to problems.

• 63. When will the Court reduce the number of witnesses allowed?

• 64. The Automatic Stay (Easy to Forget About).

• 65. That nightmare scenario when the court has issued the claim form but you can’t serve it. 

• 66. The Court has to know how much an expert will cost: CPR 35.4

• 67. Experts asking the court for directions: this can really cut the mustard

• 68. The formal requirements of a witness statement (again)

• 69. Social media and the litigator: a recap

• 70.  Opinion evidence in witness statements

• 71. Time for service of the particulars of claim: serve within the four month period.

• 72. The expert’s duty to look at both sides of the issue and give reasons for their views.