PERSONAL INJURY POINTS 9 : COURT OF APPEAL CONSIDER ISSUES OF LIABILITY FOR INJURIES CAUSED IN A RUGBY MATCH: WHAT IS THE APPROPRIATE LEGAL TEST?
There are relatively few cases in which the Court of Appeal looks at civil claims for injuries caused in the course of sporting activity. We are looking at such a case here. The Court addresses the question of what standard…
HOW FAR IS A TRIAL JUDGE BOUND TO FOLLOW THE VIEWS OF A JOINTLY INSTRUCTED EXPERT? WELL – READ THIS FOR SOME TRENCHANT VIEWS…
When the parties jointly instruct an expert how far is the judge “bound” by the views that the expert reaches? This is an issue we are looking at for the second time within 6 days. We have an interesting consideration…
DECIDING WHO SHOULD PAY THE COSTS AFTER A SPLIT TRIAL: WHEN IS THE BEST TIME TO DETERMINE THE ISSUE? HOW IMPORTANT ARE OFFERS MADE TO SETTLE WHEN A PARTY WON’T SHOW THEM TO THE JUDGE?
When is the best time to determine the costs of a split trial when the case will go forward to a further hearing? This is an issue considered in the case we consider today. There are quite specific rules and…
THE CURRENT IMPORTANCE OF PLEADINGS 20: CLAIMANT’S COSTS REDUCED BY 50% BECAUSE OF THE NATURE OF THE PLEADED CASE (OR… HOW TO LOSE £3.3 MILLION IN COSTS…)
Today we are looking at a case where a successful claimant’s cost were halved because of its “vague and expansive” pleadings, coupled with a failure to “specify with clarity and precision” what its case was. (Half a sixpence…
WHEN A PARTY WANTS AN ADJOURNMENT: THE PRINCIPLES CONSIDERED
The law on adjournments sought for health reasons is relatively clear. Knowledge of the principles (or at least where to find them easily) is an essential part of the litigator’s toolkit, not least because applications tend to come “out of…
IF YOU DISCONTINUE AN ACTION THEN YOU’RE (NORMALLY) BE GOING TO PAYING THE COSTS: THE HIGH BURDEN IMPOSED IN AN APPEAL AGAINST A DECISION AS TO COSTS
Anyone attempting to appeal against an order for costs faces an uphill battle. This may be doubly so if the costs order is made presumptively because they have discontinued an action. Here we consider a case where the difficulties of…
DOES THE HEADING MATTER? IS A PART 18 REQUEST VALID IF IT DOES NOT COMPLY WITH THE RULES?
What should the court’s approach be if a party serves a Part 18 request but, for various reasons, it does not comply with the rules? The respondent to the request in this case took the point. The Master had to…
THE WRONGFUL SHARING OF EMBARGOED JUDGMENTS: “A WARNING TO ALL SOLICITORS”: ANOTHER LAYER OF RESPONSIBILITY AND ISSUES TO CONSIDER
Cases relating to the wrongful sharing or disclosure of embargoed judgment have become a surprisingly common feature of litigation in recent times. Here we look at another High Court decision where this has happened. The judge states that there are…
ANOTHER ROUND IN THE MEDICAL AGENCY/FEE BREAKDOWN CONFLICT: THERE ARE LOTS OF CASES TO CHOOSE FROM…
I am grateful to Express Solicitors for sending me a transcript of a judgment that marks another round in the fee note/medical agency/provide a breakdown conflict. Here we have the judge considering whether a breakdown, incorporating the percentage taken by…
FATAL CLAIMS: ENSURING EVERYTHING GOES RIGHT: WEBINAR 27th JUNE 2025
We have had an example earlier this month of things going badly wrong in a fatal claim, that led to a wasted costs order against the solicitors. This webinar looks at the potential problem areas of fatal accident litigation and…
HEARINGS WHEN WITNESSES GIVE EVIDENCE FROM ABROAD: SOME POINTS FOR PRACTITIONERS (AND JUDGES) TO WATCH: “IT WOULD ASSIST THE LOWER COURTS IF FORMAL CLARIFICATION IS GIVEN ADDRESSING THAT TENSION HEAD ON”
There have been a number of cases where litigants have run into difficulties because they have not complied with the requirements for witnesses who give evidence remotely from abroad. We see an example of this case where there a conflict…
NO RELIEF FOR CLAIMANTS WHO SERVED THE CLAIM FORM LATE: TAKING A POINT AS TO SERVICE IS NOT “PLAYING TECHNICAL GAMES”
It may be possible for a month to go by without a mis-service of the claim form issue arising in the courts, but it is not this month. We have here a case with the familiar litany of waiting to…
PROVING THINGS 266: THE BURDEN OF PROOF, HEARSAY EVIDENCE AND WHEN EVIDENCE IS NOT “EXPERT EVIDENCE”: ALSO THE IMPORTANCE OF SERVING A NOTICE OF NON-AUTHENTICITY
We are looking, again, at a case where there were issues as to evidence. Part of the defendant’s case was that the evidence was not admissible or was hearsay. The defendant’s arguments did not prosper. Hearsay is admissible, the real…
PROVING THINGS 265: SPEND SIX WEEKS IN COURT, WIN ON LIABILITY AND RECEIVE NOTHING IN DAMAGES: TOY STORY – THE SCARY VERSION
Here we have a case where the claimant spent some six weeks in court, established that the defendant was in breach, but recovered nothing in damages. It may well be an object lesson in failing to prove loss. (A photo taken…
AVOIDING NEGLIGENCE CLAIMS IN LITIGATION: A LAWYER’S GUIDE 2O25: WATCH THIS SPACE…
Back in 2013 I wrote a series about avoiding negligence claims in litigation. This is an appropriate time to update and refresh that series (with the benefit of hindsight perhaps I should have done that annually). Some of the…
ANOTHER CASE ON ARTIFICIAL INTELLIGENCE AND “HALLUCINATED CASES”: PLUS THERE MAY BE “MISCHIEF” IN THE BACKGROUND
A few weeks ago I was cagey in reporting a case about AI generated false authorities because I could not believe any lawyer could do this and was wary of the accuracy (indeed authenticity) of the report. Today I am…
SUBSCRIPTION NEWS: YOUR GROUP SUBSCRIPTION INCLUDES A “PLUS ONE”
A question from a group subscriber today led me to discover that every group subscription includes a “plus one”, so the administrator of the group has access to the site in addition to the number of seats purchased. THE…
LITIGATION, INSOLVENT SOLICITORS, FUNDERS, NEGLIGENCE, INSURERS – AND THE SCOPE OF DISCLOSURE UNDER PD57AD: A LOT OF OF LITIGATION LIFE IS CONSIDERED IN THIS COURT OF APPEAL DECISION
For the second time today we are looking at a case involving the fallout following solicitors being involved in litigation and the funding thereof. It also involves companies in administration and allegations of cases being mishandled. The sums involved are…
THE CURRENT IMPORTANCE OF PLEADINGS 19: AN UNKIND OR CYNICAL READER OF THE DEFENCE “MIGHT BE TEMPTED TO CONCLUDE THAT THEIR VERY COMPLEXITY AND LENGTH WERE INTENDED TO CONCEAL THE LACK OF ESSENTIAL SUBSTANCE AT THEIR VERY HEART”
We are looking at a case where – in no short measure – the judge was highly critical of the defendant’s pleadings. They were described as “the very antithesis” of the paradigm urged upon pleaders by the guidance given in…
THE CURRENT IMPORTANCE OF PLEADINGS 18: SOLICITORS, OUTSOURCING AGREEMENTS, PLEVIN CLAIMS AND A PLEADING POINT ON A DAMAGES CLAIM: THERE IS MUCH TO CONSIDER HERE
The case we are looking at today has many levels. It involves the falling out of two entities that were involved in “mass litigation” for thousands of claimants. It shows something of the nature of this type of litigation. Arguably…
WHEN THE JOINTLY INSTRUCTED EXPERT REPORT IS OF “LITTLE OR NO” ASSISTANCE TO THE COURT: A CASE IN POINT
The courts encourages the use of jointly instructed experts However this does not mean that the case, or even key issues in the case, are necessarily determined by those experts. Here we have a case where the judge held that…
COST BITES 245: WHAT IS THE APPROPRIATE RESPONSE IF A SCHEDULE OF COSTS IS SERVED LATE? THE RULES, THE GUIDANCE AND THE CASE LAW CONSIDERED
What is the appropriate response of the court if a schedule of costs is served late? This is an issue considered in a recent High Court judgment. It provides a good opportunity to review the rules, the guidance, and previous…
“NO ONE CAN EXPECT SOLICITORS TO PAY FOR VEHICLE INSPECTION REPORTS PRODUCED BY SOMEONE OPERATING UNDER A PSEUDONYMN”: SOME INTERESTING ISSUES HERE
This is a case of many layers. It relates to an initial application to restrain the presentation of a winding up petition. The respondent asserted that they did not have no notice of the application and sought to set the…
SUBSCRIBER NEWS: SOME COMMON QUESTIONS CONSIDERED: UPGRADING MEMBERSHIP, USING MEMBERSHIP ON DIFFERENT DEVICES, CHANGING MEMBERS AND MEANS OF SUBSCRIPTION
It is eight days since CLB became a subscription site. I’m glad to say that the numbers visiting the site have not gone down and the membership system is working well. There are a number of common questions I am…
SHOULD SKELETON ARGUMENTS BE MADE AVAILABLE TO THE PRESS (AND OTHERS) ?: ADVOCATES MUST BE PREPARED
Is a person attending a public hearing entitled to sight of the skeleton arguments being used? Is disclosure confined to the press? What should happen if the skeleton refers to matters that fall foul of reporting restrictions? These are important…
“A PERSON WHO SUBMITS A WITNESS STATEMENT… MUST KNOW THE COURT MAY EXPRESS VIEWS AS TO WHAT THE WITNESS HAS SAID”: COURT CONSIDERS APPLICATION FOR DELAYING PUBLICATION OF A JUDGMENT
We are looking at a short postscript to the case examined in the previous post. The judge made observations that were critical of a witness who had made a statement in support of an injunction. The claimant asked for the…
“THE COURT’S CONSCIENCE IS SHOCKED” BY THE CLAIMANT’S ADMITTED BEHAVIOUR: USE OF A RECORDING OF MATTERS THAT WERE CONFIDENTIAL: STRONG WORDS WHEN A JUDGE OVERTURNS AN INJUNCTION GRANTED WITHOUT NOTICE
There have been some strong judicial criticisms recorded on this site over the years. I cannot recall much stronger than this case where the judge stated that “the court’s conscience was shocked” at the conduct of the claimant, both in…
PERSONAL INJURY POINTS 8: “VOLUNTEERS ARE NOT LOOKING TO BE SUED THEY ARE LOOKING TO HELP OTHERS”: SOCIAL ACTION, RESPONSIBILITY AND HEROISM ACT CONSIDERED
There are several pieces of legislation that now have to be considered when a court is considering liability in the context of the defendant being involved in voluntary or similar activity. The Social Action, Responsibility and Heroism Act 2015 has…
THE CURRENT IMPORTANCE OF PLEADINGS 17: WHAT DOES THE WORD “PORNOGRAPHY” MEAN WHEN INCLUDED IN A PLEADING? COURT OF APPEAL CONSIDERS THE ISSUE TODAY
This series has taken an unexpected turn. I didn’t expert to be writing about a Court of Appeal decision that considered the precise pleaded meaning of the word “pornography”, but that is precisely what we are doing here. A decision…
WHICH EXPERT WITNESS IS GOING TO BE PREFERRED? ONE EXPERT TOOK AN “UNREALISTIC APPROACH”
Knowing the reasons why a judge may prefer the evidence of one expert over another is an important part of a litigator’s skill. Each case is, of course, fact specific, but there are clear trends that can be discerned. Here…
WHAT ARE THE CONSEQUENCES WHEN A WITNESS BREAKS THE “PURDAH” RULES? THE ISSUES CONSIDERED IN THE HIGH COURT
The “purdah” rule – that a witness cannot discuss the case and their evidence with others, including their legal team, once they have started giving evidence is of utmost significance. Here we are looking at a case where a witness…
WASTED COSTS ORDER MADE AGAINST SOLICITORS WHO HAD PURSUED A “HOPELESS” CASE: ATTEMPTS TO RELY ON PRIVILEGE WERE A RESORT TO A MERE “FIG LEAF”
It is rare for a wasted costs order to be made against a solicitor for pursuing what is seen as a “hopeless” case. However we have such an order in the case we are considering here. The Master found the…
NON-PARTY COSTS ORDERS: WHAT IS THE SIGNIFICANCE OF A PARTY’S SOLICITOR BEING INVOLVED IN THE COMPANY AGAINST WHICH A COSTS ORDER IS SOUGHT?
Many, if not all, of those involved in credit hire legislation will already have read the Court of Appeal decision last week with care. The Court also considered the question of whether the fact that there are close commercial, or…
COSTS AND OTHER CONSEQUENCES CONSIDERED WHEN A CLAIMANT BEATS THEIR OWN PART 36 OFFER: CIRCUIT COMMERCIAL COURT DECISION: HOW IS THE ADDITIONAL LIABILITY CALCULATED WHEN THE JUDGMENT IS NOT IN STERLING?
We are looking at a case where the claimant beat its own Part 36 offer and the court had to consider the consequences. There were some unusual aspects in that the judgment was not given in sterling. However the judge…
THE RULES OF COURT DO NOT ALLOW A PARTY TO COMPEL ITS OPPONENT TO EXPLAIN HOW ERRORS WERE MADE IN WITNESS STATEMENTS:
Can the court compel a party to file a witness statement explaining, in detail, why mistakes were made in earlier witness statements? That was the issue considered in the case we are looking at today. The judge considered the provisions…
COMMITTAL PROCEEDINGS: SOME IMPORTANT POINTS TO NOTE: THE CORRECT COURT WHEN A DEFENDANT IS APPEALING AND THE SCOPE OF APPEAL: ISSUES CONSIDERED IN THE COURT OF APPEAL
There are two important procedural points considered here relating to to appeals relating to committal proceedings. The first relates to the court to which an appeal has to be made, the second to the scope of an appeal. Here we…
COST BITES 244: WHEN ARE INDEMNITY COSTS APPROPRIATE? SHOULD THE FEES OF JUNIOR COUNSEL BE RECOVERED IN FULL? A SUMMARY ASSESSMENT IN THE COMMERCIAL COURT CONSIDERED
I periodically remind people (and remind myself) that one of the purposes of this series is to look at what is happening “on the ground” in relation to costs, including the summary assessment of costs. Practitioners may only have limited…
ARE SOLICITORS WORKING ON A CONDITIONAL FEE AGREEMENT IN THE SAME BASIC POSITION AS CAR HIRE COMPANIES? THE COURT OF APPEAL CONSIDER THE POSITION
We may well be mining the Court of Appeal decision on the liability of car hire companies for costs across a number of further posts. Here, however, we are taking a look at the sections in the judgment that considered…
A COURT ORDER SO AMBIGUOUS THAT IT WAS IMPOSSIBLE TO ENFORCE : SOME ESSENTIAL POINTS ABOUT DRAFTING HERE
Here we are looking at a Court of Appeal decision about the drafting and construction of court orders. The order made in this case was totally deficient, consequently it could not be enforced. (Absolute precision is demanded here…) “……
INDEMNITY COSTS ORDERED AGAINST SOME (BUT NOT ALL) CLAIMANTS: A NUANCED HIGH COURT DECISION
We are returning to the same case as the previous post but looking at a different issue. The judge considered whether to make an order for indemnity costs against the claimants. The case is unusual in that such an award…
WHEN QOCS DOES NOT APPLY TO THE WHOLE OF A CLAIM: WHAT PERECENTAGE SHOULD THE CLAIMANTS PAY: THE MATTER CONSIDERED IN THE HIGH COURT
For the second time today we are looking at the rules relating to Qualified one way costs shifting (QOCS) and its exceptions. Here the defendant had spent £2 million successfully defending a claim, only part of that action was a…
THE COURT OF APPEAL DECISION ON THE LIABILITY OF CREDIT HIRE COMPANIES TO PAY COSTS: THE SPECIFIC CASES EXAMINED
This is the second post about the Court of Appeal judgment today in relation to the liability of credit hire companies to pay costs. Here we look at the decisions made in relation to each of the two cases under…
WILL A COSTS ORDER NORMALLY BE MADE AGAINST A CREDIT HIRE COMPANY? COURT OF APPEAL DECISION THIS MORNING
This is the first of several points that will look in detail at the Court of Appeal decision today in relation to the liability of credit hire companies to pay costs. This first post outlines the main findings. Later posts…
PREPARING A SCHEDULE AND PROVIDING EVIDENCE IN A FATAL CLAIM 2025: WEBINAR 18th JUNE 2025
It is a difficult task to summarise the value of a life in one document. This is what happens when a schedule is drafted in a fatal claim. It is a task that has to be done carefully and with…
AN IMPORTANT POINT ABOUT TRIAL BUNDLES: REDACTION SHOULD NOT NORMALLY TAKE PLACE: IT MAKES THE COURT’S JOB MORE DIFFICULT
There is always room for another case about bundles on this site. It is a subject of endless fascination to most litigators, and endless frustration for many judges. Here we are looking at a case where the trial judge observed…
PROVING THINGS 264: CLAIMANTS FAIL TO PROVE THAT THEY ARE ENTITLED TO AN INJUNCTION: “THE EVIDENCE PRESENTED BY THE CLAIMANTS DOES NOT COME CLOSE TO DEMONSTRATING A COMPELLING JUSTIFICATION FOR THE ORDER”
We are looking at a case where there was clear example of a failure to prove things. The claimants did not have sufficient evidence to satisfy the court it should make the order they were seeking. In fact the judgment…
WHAT COSTS REGIME APPLIES WHERE A JUDGE FINDS THAT A SUCCESSFUL CLAIMANT SHOULD HAVE USED THE LOW VALUE PERSONAL INJURY PORTAL? THE ISSUES CONSIDERED ON APPEAL
For the second time this week we are looking at the issue of whether, or not, it was reasonable for a claimant’s solicitor to conclude that a matter should have been commenced outside the Low Value Personal Injury Portal. This…
CHANGES TO THE COMMERCIAL COURT AND LONDON CIRCUIT COMMERCIAL COURT PRACTICE ON THE VALUE OF CLAIMS
A Practice Note issued issued earlier this month sets out changes to the practice of the Commercial Court in relation to the value which it will consider transferring claims to other courts. These changes take effect from the 1st July…
THE CORRECT PROCEDURE IF A PARTY WANTS TO ATTEMPT TO RELY ON “WITHOUT PREJUDICE” DOCUMENTS: THE EXCEPTIONS TO THE WP RULE CONSIDERED
We are looking at a judgment from today which considers the “without prejudice” rule in some detail. In particular the steps a party should take if it wishes to argue that it should be able to rely on without prejudice…
LAWYERS HEAVILY CRITICISED IN A JUDGMENT: COURT OF APPEAL REFUSES PERMISSION TO APPEAL: A CASE THAT BRISTLES WITH CONDUCT AND PROCEDURAL ISSUES
We have a case here where a solicitor and KC involved in a case were heavily criticised by the trial judge. The solicitor attempted to appeal those findings and the Court of Appeal considered, among many other things, their Article…
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