ADVOCACY THE JUDGE’S VIEW XVI: THE FUTILITY OF TRYING TO READ THE JUDGE’S BODY LANGUAGE
Many of the posts in this series revisit previous series on the judge’s view. This post looks at the recent case of Russell v Coulter (Rev1) [2025] EWHC 493 (KB). The judge made certain observations when disallowing the evidence of a…
TIME FOR PERMISSION TO APPEAL: A “SECOND APPEAL”: COURT REFUSES TO GRANT EXTENSION
For the second time this week we are looking at issues relating to extension of time and appeals. In Abbotsley Ltd v Pheasantland Ltd [2025] EWHC 654 (KB) HHJ Karen Walden-Smith provided a timely reminder that a party who wishes…
UPDATE TO PROFESSIONAL USER GUIDANCE FOR THE DAMAGES CLAIMS PORTAL: SEE THE NEW DOCUMENT HERE
The Professional User Guidance for the Damages Claim Portal has been updated this month. Anyone using the Portal is best advised to have the new guidance to hand. THE UPDATED GUIDANCE The document from HMCTS can be found here…
NOW HERE’S AN UNUSUAL APPLICATION: COURT REFUSES DEFENDANTS’ APPLICATION TO APPROVE A SETTLEMENT REACHED WITH A CLAIMANT – WHO HAD CAPACITY
In David Forsyth v Craig Howson & Anor [2025] EWHC 653 (KB) HHJ Claire Evans (sitting as Judge of the High Court) refused an unusual application by the defendants. The claimant had capacity to litigate and yet the defendants sought an order…
CHANGE IN COURT FEES FROM 8th APRIL 2025: LINK TO THE PRACTICE DIRECTION
An earlier post set out the changes to court fees that are coming into force on the 8th April 2025. The Practice Direction that brings those changes into force has now been passed. THE PRACTICE DIRECTION The Court and…
THE COURT WOULD NOT ORDER A SPLIT TRIAL: FUZZY LINES, COSTS, PREJUDICE AND OTHER FACTORS MEAN ALL ISSUES SHOULD BE HEARD TOGETHER
In Tatiana Soroka v Payne Hicks Beach (A Firm) [2025] EWHC 602 (Ch) Master Kaye refused the claimant’s application for a split trial. The judgment considers in detail the guidance from the authorities and the matters the court should take into account….
“A TRAP FOR THE UNWARY”: WHEN DOES TIME FOR APPEALING START TO RUN WHEN A JUDGMENT IS SENT OUT? CLARITY IS ESSENTIAL
The judgment of Mr Justice Hayden in F (A Minor) (Permission To Appeal) [2025] EWHC 638 (Fam) highlights a trap for those seeking permission to appeal. The time for appealing runs from the date that the order was announced and…
PROVING DAMAGES – THE CLAIMANT LAWYER’S BASIC TASK: WEBINAR 19th MARCH 2025
The “Proving Things” series on this blog is now up to number 256. The vast majority of this series is, in fact, about not proving things. That is where litigants fail to bring sufficient (sometimes any) evidence to court to prove…
COST BITES 223: HOW MUCH DOES AN UNSUCCESSFUL APPLICATION TO ADDUCE EXPERT EVIDENCE COST? £111,616 (APPROXIMATELY): (OH, AND PLUS YOUR OWN COSTS)
I sometimes have to remind people (and remind myself) that one of the aims of this series is to keep an eye on costs awards that are actually made at hearings at trial. This provides an insight into what is…
COST BITES 222: A “RETROSPECTIVE” CONDITIONAL FEE AGREEMENT WAS STILL VALID AND THE PAYING PARTY HAD TO PAY: COURT OF APPEAL DECISION
In Singh & Ors v Ingram [2025] EWCA Civ 264 the Court of Appeal rejected an argument that a retrospective conditional fee agreement was invalid. The Court was, to say the least, suspicious of argument that the receiving party’s solicitors…
ANOTHER BREACH OF THE EMBARGO ON A DRAFT JUDGMENT: REMEMBER THIS IS A CONTEMPT OF COURT
In John Sisk and Son Ltd v Capital & Centric (Rose) Ltd [2025] EWHC 594 (TCC) HHJ Stephen Davies (sitting as a High Court Judge) found that a party had breached the rules relating to the embargo on a draft…
AGENCY FEES AND MEDICAL REPORTS: JUDGE REFUSES TO ALLOW AGENCY PROFIT ELEMENT OF THE FEE: ANOTHER ROUND IN A CONTINUING BATTLE
I am grateful to Howard Dean of Keoghs, solicitors, for sending me a copy of the judgment of District Judge Morris in Smith -v- Portsmouth Hospital NHS Foundation Trust, a copy of which is available here. It is a case…
THE CURRENT IMPORTANCE OF PLEADINGS 3: EXPERT EVIDENCE WAS NOT NECESSARY, NOT PROPORTIONATE AND DID NOT REALLY RELATE TO THE PLEADED ISSUES
There is a consideration of the principles relating to the use of expert evidence in the judgment of Mr Justice Fancourt in Cohen & Ors v Co-operative Group Ltd & Ors [2025] EWHC 526 (Ch). The judge rejected the claimants’…
SERIES OF 10 WEBINARS ON PERSONAL INJURY DAMAGES: AND YOU CAN BUY A “SEASON TICKET”
The APIL Damages Series is 10 webinars looking at key elements of law and practice relating to personal injury damages. The webinars can be bought and watched individually. APIL has a special offer for all 10, details available here. …
COURT WAS CORRECT TO REFUSE TO GRANT RELIEF FROM SANCTIONS WHO WAS IN DEFAULT (OH, AND THE PROCEEDINGS HAD NEVER BEEN SERVED PROPERLY ANYWAY…)
In Lumsden v Charles [2025] EWCC 7 HHJ Peter Marquand refused a claimant’s application for relief from sanctions. The claimant had issued Part 8 proceedings but failed to serve the witness evidence and particulars with the proceedings by the rules. …
PREPARING BUNDLES: A FREE ONLINE TOOL THAT MAY WELL HELP: INTRODUCING “BUNTOOL”
The last few weeks have seen a number of cases where judges have been critical (if not despairing) at the quality of the the bundles used at trials and applications. My attention has been drawn to “BunTool” a free online…
HMCTS GUIDANCE ON HOW TO ISSUE AND MANAGE A MONEY CLAIM ONLINE: GUIDE FOR LEGAL PROFESSIONALS
HM Courts and Tribunal Services have published two documents to help legal professionals issue and manage an online money claim. THE DOCUMENTS 1. Issue and online money claim as a legal professional 2. Manage and online money claim as…
COURT REFUSES CLAIMANT’S APPLICATION TO ABRIDGE TIME FOLLOWING LATE SERVICE OF AN OFFER: “THERE IS A POLICY INCENTIVE IN REQUIRING LITIGANTS TO MAKE TIMELY PART 36 OFFERS”
The judgment in Henderson & Jones Ltd v Price [2020] EWHC 3276 (Ch) was given in October 2020, but has only recently arrived on BAILII. It concerns late service of a Part 36 offer. This is an issue rarely considered…
“THIS IS AN UNUSUAL PROBATE CLAIM IN THAT THE DECEASED SAYS SHE IS VERY MUCH ALIVE”: A CHAOTIC TRIAL WHERE NO-ONE SEEMS TO HAVE THE SAME PAGINATION IN THE BUNDLES: AND THATS NOT EVEN HALF OF THE PROBLEMS…
The past few weeks have led to a number of cases about bundles. My working theory about trial and application bundles is that problematic bundles often reflect a much deeper malaise in the case itself. Support for that theory can…
COST BITES 221: A FAILURE TO AGREE TO MEDIATE DID NOT LEAD TO A REDUCTION IN A SUCCESSFUL DEFENDANT’S COSTS
In Assensus Ltd v Wirsol Energy Ltd (Re Consequential Matters) [2025] EWHC 503 (KB) Mr Justice Constable rejected the claimant’s argument that the successful defendant’s refusal to attend mediation should lead to a reduction in the defendant’s costs. The case…
IT WOULD BE AN “AFFRONT TO JUSTICE” TO ALLOW THE CLAIMANT’S CLAIM TO SUCCEED: “LIES IN THE COURSE OF LITIGATION ARE OFFENSIVE TO THE COURT”: SOME VERY UNCLEAN HANDS…
We are looking again at the judgment of HHJ Paul Matthews in Bains v Irshad & Anor [2025] EWHC 491 (Ch). This time about the consequences of telling lies to the court. The equitable doctrine that most lawyers remember best is the…
WHAT DOCUMENTS SHOULD BE INCLUDED IN BUNDLES? “HUGGER-MUGGER” BUNDLES, WITH CRUCIAL DOCUMENTS MISSING: THE “ABILITY PROPERLY TO TEST THE EVIDENCE OF THE OTHER SIDE”
The judgment of HHJ Paul Matthews in Bains v Irshad & Anor [2025] EWHC 491 (Ch) contains much of interest (not least there are not many civil judgments which end with the judgment stating that, because of the claimant’s evidence,…
THE CURRENT IMPORTANCE OF PLEADINGS 2: YOU CAN’T ADVANCE CAUSES OF ACTION NOT PLEADED IN THE CLAIM FORM
Having determined to look more closely at cases where the statements of case are at issue cases seem to come forward in abundance. The failure of a claimant to plead a cause of action in a claim form was considered…
SOCIAL MEDIA AND THE PERSONAL INJURY LAWYER 2025: WEBINAR 12th MARCH 2025
Few lawyers can afford to ignore the effect of social media, both in relation to their cases and their practice generally. In some cases social media entries can affect the outcome of trials. There are specific duties placed upon lawyers…
JUDGE DOES NOT ALLOW A WITNESS TO GIVE EVIDENCE IN A PROFESSIONAL NEGLIGENCE CASE: IT CONTAINED “INADMISSIBLE AND IRRELEVANT EVIDENCE” THAT “ATTEMPTS TO USURP MY ROLE IN A CASE”
In Russell v Coulter (Rev1) [2025] EWHC 493 (KB) Mr Justice Saini disallowed the calling of a witness that the claimant planned to call in an action for professional negligence. The witness statement relied upon contained opinion and inadmissible commentary. …
THIS SKELETON ARGUMENT IS FAR TOO LONG, DOES NOT COMPLY WITH THE RULES – AND ISN’T GOING TO BE ADMITTED
In Henderson & Jones Ltd & Ors v Grange Heating Services Ltd & Ors (COSTS) [2024] EWHC 3572 (TCC) Adrian Williamson KC (sitting as a High Court Judge) refused to admit a “skeleton” argument that was too long and did…
COST BITES 220: QOCS PROTECTION DOES NOT APPLY TO CO-CLAIMANTS WHO DO NOT BRING A CLAIM FOR PERSONAL INJURY: NOR DOES IT APPLY WHEN A CASE IS STRUCK OUT
In BB & Ors v Khayyat & Ors [2025] EWHC 443 (KB) Mr Justice Soole rejected an argument that claimants who had not brought an action for personal injury could have the benefit of QOCS protection. The fact that they…
THE CURRENT IMPORTANCE OF PLEADINGS 1: FAILURE TO SERVE A REPLY ALLEGING FORGERY LEADS TO JUDGMENT AT TRIAL BEING SET ASIDE
For some time now I have been meaning to write a series on the numerous issues that arise when cases are not pleaded properly. There are a catalogue of cases where the parties come to court, normally shortly before (sometimes…
PROVING THINGS 256: CLAIMANT FAILS TO ESTABLISH LIABILITY AFTER FALLING FROM A HORSE: THE ANIMALS ACT CONSIDERED
This blog has looked at the judgment in Boyd v Hughes [2025] EWHC 435 (KB) several times in relation to procedural issues and assertions of dishonesty. However the case, ultimately, was about a claimant who was injured when she fell…
“A POINTLESS WASTE OF TIME AND MONEY”: ATTEMPTS TO “REOPEN” ISSUES WHEN A DRAFT JUDGMENT IS SENT OUT ARE HARDLY EVER FRUITFUL – AND CAN BE EXPENSIVE
There are a number of cases on this blog where litigants have attempted to “reopen” issues when a draft judgment is sent out to the parties for editorial corrections. We have an example in the judgment of HHJ Stephen Davies…
COURT FEES ARE GOING UP SOON: MOJ PRESS RELEASE STATES FEES WILL CHANGE IN EARLY APRIL 2025
A press release from the Ministry of Justice states that Court fees are to increase in early April (but there are some decreases). The release can be found here. “In early April 2025, and subject to parliamentary approval, the…
ANOTHER CASE INVOLVING BUNDLES: DIFFERENCES IN PAGINATION AND OTHER MISHAPS MEANT THAT A DECISION WAS UNFAIR AND THERE WAS AN ERROR OF LAW
In RP v Barnsley Metropolitan District Council [2025] UKUT 46 (AAC) Edward Jacobs, Upper Tribunal Judge, found that the errors with bundles at a First-Tier Tribunal led to unfairness and amounted to a an error of law. “There were, as…
THIS CASE SHOULD HAVE BEEN ISSUED IN CARDIFF; HEARD IN THE COUNTY COURT AND THERE SHOULD HAVE BEEN A SPLIT TRIAL: HIGH COURT ISSUES A WARNING
We are returning to the judgment of Mr Justice Cotter in Boyd v Hughes [2025] EWHC 435 (KB). At the conclusion of the judgment there is a very clear warning that this case: (i) should not have been issued in the…
DISHONEST EXAGGERATION WAS NOT SUFFICIENTLY SIGNIFICANT TO AMOUNT TO FUNDAMENTAL DISHONESTY: THIS WAS DISHONEST EMBELLISHMENT TO UNDERPIN AN ESSENTIALLY HONEST CLAIM
In Boyd v Hughes [2025] EWHC 435 (KB) Mr Justice Cotter decided, by the very narrowest of margins, that the claimant’s deliberate exaggeration of her claim did not amount to fundamental dishonesty. There was some exaggeration of the effect…
A QUICK POST ABOUT BUNDLES: THIS WAS “ALMOST UNUSABLE”: “THE INDEX MUST IDENTIFY THE DOCUMENTS CONTAINED”
There is an interesting postscript to the judgment of Judge Anthony Snelson in the case of Soor v Luton Borough Council [2025] UKFTT 259 (GRC). It relates to bundles… … the bundle produced by the Council (over 600 pages long)…
THE DUTY OF FAIR PRESENTATION AT WITHOUT NOTICE HEARINGS: FREEZING ORDER TURNED INTO SLUSH…
In J&J Snack Foods Corporation & Anor v Ralph Peters & Sons Limited & Anor [2025] EWHC 436 (Ch) Mr Justice Fancourt set aside an injunction that had been obtained without notice. The case is an object lesson in the need…
COST BITES 219: DISBURSEMENTS: WHAT IS A REASONABLE AND PROPORTIONAL INTERPRETER’S FEE? THE COURT MUST “HAVE REGARD TO THE MARKET”
In Santiago v Motor Insurers’ Bureau ( The County Court at Central London, 22nd February 2025,available here Santiago v MIB Final)* HHJ Dight CBE considered the issue of what was a reasonable and proportional interpreter’s fee. The case had been…
FINDING OF FUNDAMENTAL DISHONESTY AT TRIAL OVERTURNED ON APPEAL: THE TRIAL JUDGE WAS WRONG TO RELY ON AN INJURY THAT DID NOT FORM PART OF THE CLAIMANT’S PLEADED CASE
I am grateful to Express Solicitors for sending me a copy of the judgment of HHK Baddeley in Robinson -v- UK Insurance Limited, a note that case and of the judgment is available here -Robinson word . HHJ Baddeley was…
INTERIM PAYMENTS WHERE ONLY 50% OF DAMAGES ARE LIKELY TO BE RECOVERED: IS A HEAD OF FUTURE LOSS LIKELY TO BE CAPITALISED?
In Lexi-Rae Speirs v St Georges University Hospitals NHS Foundation Trust [2025] EWHC 337 (KB) Senior Master Cook considered the question of how the court should approach an application for an interim payment in a case where the claimant was only…
APPLICATIONS FOR ANONYMITY ORDERS IN CIVIL CASES INVOLVING CHILDREN: COURT OF APPEAL ADJOURNS HEARING – BUT WHERE ARE WE NOW?
In PMC (a child) v A Local Health Board [2025] EWCA Civ 176 the Court of Appeal adjourned a hearing relating to anonymity orders in civil cases involving children, pending a Supreme Court decision. Some important guidance was given as…
AVOIDING PROBLEMS WITH EXPERT WITNESSES: WEBINAR 6th MARCH 2025: DEALS WITH SOME “INTERESTING” ISSUES: EXPERTS BEHAVING BADLY
This webinar deals, among other things, with three cases where solicitors have been struck off the Roll because of their conduct with expert witnesses. In one of those cases the solicitor also went to prison. The Court of Appeal held…
SENSIBLE STEPS TO TAKE WHEN THERE IS NO TRANSCRIPT OF A HEARING AVAILABLE
A very short passage in the judgment of Mr Justice Fancourt in Odhavji v Tighe & Ors [2025] EWHC 372 (Ch) sets out the steps a prudent party should take when a transcript (and sometimes a judgment) cannot be obtained. …
PROVING THINGS 255: CLAIMANT FAILS TO PROVE IT HAS SUFFERED ANY LOSS AT ALL: THERE WAS NO GRIST TO THIS MILL
In Trident House Development Limited v Mohammed Yousaf [2025] EWHC 344 (Ch) HHJ Klein (sitting as a High Court Judge) found that a claimant had failed to establish it had suffered any loss at all in its claim for damages against the…
DOES A PROPOSED NEW DEFENDANT HAVE TO BE GIVEN NOTICE OF THE APPLICATION TO JOIN THEM INTO THE ACTION? TWO CONTRASTING VIEWS FROM THE COURT OF APPEAL
In Noel Anthony Clarke v Guardian News & Media Ltd [2025] EWCA Civ 164 the Court of Appeal considered (but did not determine) the question of whether it was mandatory to give notice of the application to join a new defendant to…
A WITNESS STATEMENT IS FOR EVIDENCE AND NOT SUBMISSIONS (SOMETHING THIS BLOG HAS OBSERVED MANY TIMES IN THE PAST…)
We are returning to the judgment of Senior Master Cook in Lexi-Rae Speirs v St Georges University Hospitals NHS Foundation Trust [2025] EWHC 337 (KB). The Master observed that the witness evidence served in support of the claimant’s application went…
A PARTY CAN’T REALLY OBJECT THAT EVIDENCE IN RESPONSE IS SERVED LATE: WHEN THIS INVOLVES THE RESPONSE BEING SERVED BEFORE THE EVIDENCE IS RECEIVED…
In Lexi-Rae Speirs v St Georges University Hospitals NHS Foundation Trust [2025] EWHC 337 (KB) Senior Master Cook considered an argument that the defendant’s evidence should not be admitted because it was served late. The fundamental problem with the claimant’s submission…
AVOIDING PITFALLS WITH WITNESS STATEMENTS – HOW TO DRAFT AN EFFECTIVE WITNESS STATEMENT: WEBINAR 26th FEBRUARY 2025
Judges regularly complain that witness statements are inadequate and do not contain sufficient information, alternatively that they contain much information that is irrelevant and the witness is unable to give. This webinar is designed to help practitioners avoid the major…
CONTENTS OF WITNESS STATEMENTS AND DOCUMENTS IN EMPLOYMENT TRIBUNAL GIVE RISE TO A PRIMA FACIE CASE OF CONTEMPT OF COURT
In Commerzbank Ag v Ajao [2024] EWHC 3168 (KB) Ms Justice Eady gave permission to bring committal proceedings on the basis of evidence that had been used before the Employment Tribunal. The case is a reminder that making witness statements,…
WASTED COSTS ORDER MADE AGAINST FIRM OF SOLICITORS FOR FAILING TO INSTRUCT COUNSEL TO ATTEND A HEARING
In A Father v A Mother [2025] EWHC 364 (Fam) Ms H Markham KC, sitting as Deputy High Court judge, made a wasted costs order against a firm of solicitors. The solicitors had failed to take steps to ensure that…
COST BITES 218: JUNIOR COUNSEL’S FEES NOT RECOVERABLE IN PRIVY COUNCIL CASE WHERE THE CFA WAS NOT LAWFUL
I am grateful to Andrew Roy KC for sending me a copy of the judgment of Costs Judge Rowley in Ruhumatally v The State of Mauritius & Anor, a copy of the judgment is available here Ruhumatally – reasons. The…
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