WEBINAR ON PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES: 9th SEPTEMBER 2026: USEFUL GUIDANCE, CHECKLISTS AND QUESTIONNAIRES
This webinar provides a practical and up-to-date analysis of the law and practice relating to provisional damages and periodical payments in personal injury litigation. It begins with a review of recent case law, including a professional negligence claim arising from…
SHOULD (OR CAN) THE COURT MAKE AN ORDER FOR PRE-ACTION DISCLOSURE WHEN THE PROPOSED DEFENDANT IS BASED IN ITALY? ANOTHER PAD APPLICATION COMES TO GRIEF…
Earlier today I promised a second post on pre-action disclosure. This case considered a number of issues, including whether the court actually has jurisdiction to make a PAD order when the respondent is based abroad. The judgment goes further than…
THROWBACK FRIDAY:”WITNESS STATEMENTS: WHEN THINGS GO WRONG BLAME THE SOLICITOR” (SEPTEMBER 2016)
Here we are looking at a post from September 2016 on an issue that remains extremely current. When a witness statement is found to be inaccurate that witness will often blame their solicitor, or the person responsible for drafting the…
SHOULD THE COURT ORDER PRE-ACTION DISCLOSURE? THE JURISDICTIONAL REQUIREMENTS ARE NOT SATISFIED AND THE COURT WOULD NOT EXERCISE ITS DISCRETION IN ANY EVENT
This is the first of two posts today about applications for pre-action disclosure. The applicants were, eventually, unsuccessful in each. Here the judge found that the applicants had not met the first jurisdictional requirement for disclosure. Even if they had…
COST BITES 446 : SHOULD THE COURT HAVE MADE A NON-PARTY COSTS ORDER? SHOULD THE APPELLANT HAVE BEEN CROSS-EXAMINED AND WAS THE COURT BOUND TO ACCEPT HIS EVIDENCE?
This is a case about non-party costs orders that has some unusual elements. Firstly an argument that since the appellant was not cross-examined the court was bound to accept his assertions that he had no direct financial interest in the…
DO YOU WANT TO BECOME A HOUSING LAW BLOGGER? NEARLY LEGAL REQUIRES A TEAM OF WRITERS
I wrote earlier this year about the sad death of Giles Peaker the revered blogger on Housing Law. The blog “Nearly Legal” is, I am glad to saying, continuing. However, such was Giles’ work rate a team of writers is…
DEALING WITH FISH FILES, PROCRASTINATION AND DELAY: THE LITIGATOR’S FRIEND: A REMINDER OF USEFUL LINKS, POSTS AND GUIDANCE AND SOME USEFUL CHECKLISTS
Many of the problem areas of litigation we look at regularly (possibly daily) are often the result of human error. Sometimes there are mistakes as to substantive law, more often there are mistakes as to procedure. One major theme is…
LIMITATION PERIODS AND CONSUMER CREDIT ACT CLAIMS: IT MUST “BE RECOGNISED THAT NOT ALL CLAIMS ARE SUBJECT TO LIMITATION PERIODS”: (HOWEVER THERE IS A STING IN THE EXHAUST PIPE FOR CLAIMANTS…)
Here we have an interesting decision on limitation. The judge found that the claimant’s action was not subject to the Limitation Act 1980 and allowed an appeal against a finding that it was. However there was a sting in the…
SETTING ASIDE A DEFAULT JUDGMENT, DENTON AND DELAY: SHOULD THE COURT REFUSE THE DEFENDANT RELIEF BECAUSE THEY HAD CAUSED UNNECESSARY DELAY AND COSTS?
For many years now there have been issues relating to how far the “Denton” criteria run alongside the rules relating to applications to set aside a default judgment. We have such a case here. There was clearly an arguable defence,…
WITNESS EVIDENCE WEDNESDAY: “BACKDATING LETTERS” TO DELIBERATELY MISLEAD COULD COST YOU: £4.58 MILLION IN THIS CASE: (METADATA COMES INTO PLAY NOW)
We are looking here at a judgment about witness credibility made by an Employment Tribunal several years ago. In particular the Tribunal found that the Defendants’ witnesses had deliberately backdated letters in an attempt to mislead. The reason we are…
THE CURRENT IMPORTANCE OF PLEADINGS 90: THE COURT OF APPEAL WAS WRONG TO HOLD ONE DEFENDANT TO HIS PLEADED CASE WHILST EXONERATING A CO-DEFENDANT: THIS LED TO A FINDING THAT WAS AN “ABSURDITY”
In this case the Judicial Committee of the Privy Council considered whether the Court of Appeal in Trinidad and Tobago was correct to hold one defendant in a clinical negligence case to their pleaded case whilst, effectively, exculpating a co-defendant. …
COST BITES 445: USEFUL CHECKLISTS (2): A CHECKLIST ON COSTS IN HOUSING DISREPAIR CASES (FOR DEFENDANTS) TOGETHER WITH SOME USEFUL LINKS
Yesterday we looked at a checklist on costs for claimants in housing disrepair cases. In the interest of balance I said the next in the series would be aimed at defendants. Here is the checklist as promised. It encourages litigators…
COST BITES 445: “AN APPALLING WASTE OF RESOURCES FOR WHICH BOTH PARTIES AND THEIR REPRESENTATIVES BEAR RESPONSIBILITY”: THE FAMILY COURT IS NOT BEST PLEASED…
Here we take a look at a judgment in a family case which contains an exhortation about running up unnecessary costs. This is normally a regime in which inter partes costs are not awarded. The conduct in this case led…
ADVOCACY THE JUDGE’S VIEW SERIES 4: A RECAP OF THE PREVIOUS SERIES AND THE DEADLY SINS OF ADVOCATES: DON’T BE CONFUSING OR BORING
The fourth series on the Judge’s views of advocacy only had two posts. The second post in the series consisted of a tweet from an (anonymous) judge “Get to the Point Quickly”. The first in the series contained a…
CAN YOU HAVE AN INTERIM INJUNCTION WHEN YOU HAVE BEEN REFUSED IDENTICAL RELIEF IN THE PAST? CLAIMANTS NOT ALLOWED A SECOND BITE OF THE CHERRY
Can a party who has an application for an injunction dismissed then issue proceedings and seek an injunction in identical terms? The answer in this case is no. The principles that prevent litigants seeking “two bites of the cherry” apply…
COST BITES 443: USEFUL CHECKLISTS: A CHECKLIST ON COSTS IN HOUSING DISREPAIR CASES (FOR CLAIMANTS)
The review on the book on Costs in Housing Disrepair cases last week led me to consider a series of checklists on costs. I am starting with costs for claimant housing lawyers. However this site is even handed, the next…
EXPERT WATCH 69: “THE APPROACH OF BOTH EXPERTS IS WRONG” : WHEN THERE IS A DIFFERENCE IN VALUATION OF $170 MILLION… THE JUDGE DOES NOT HAVE TO SIMPLY PICK A SIDE..
In this case the judge was categoric in his view that the approach of the experts from both sides was wrong. There was a major difference between the experts – just under $170 million. In these circumstances the judge is…
BOOK REVIEW: “A PRACTICAL GUIDE TO COSTS IN HOUSING DISREPAIR CASES”: MAY HELP FIX GAPS IN ROOFS AND CERTAINLY FILLS A GAP IN THE MARKET…
Costs in housing disrepair costs have become somewhat of a battleground. This battle starts at the allocation stage and re-commences on assessment. This has become more acute because housing disrepair cases are not subject to the fixed costs regime. This…
THROWBACK FRIDAY: “THE RISK OF INDEMNITY COSTS: WHAT ARE YOU GOING TO TELL YOUR CLIENT?” (AUGUST 2014)
We have had four posts this month along about costs being awarded on the indemnity basis. Indemnity costs have been awarded against claimants, (in a very high profile case), against defendants, and against a solicitor personally. The consequences of an…
INSURER’S APPLICATION TO COMMIT STRUCK OUT AS AN ABUSE OF PROCESS: LITIGATION IS NOT CONDUCTED ON THE BASIS THAT, NOTWITHSTANDING THE ABSENCE OF EVIDENCE, A PARTY MAY BE ABLE TO PUT MATTERS RIGHT AT SOMETIME IN THE FUTURE…
In this case an insurer’s application to commit a personal injury claimant to prison was struck out. This was because the insurer applicant failed to satisfy the court that it had any right to bring the action in the name…
THE CURRENT IMPORTANCE OF PLEADINGS 89: AN APPELLANT CANNOT PURSUE AN UNPLEADED “NEW, NEW CASE”: APPEAL IN CASE AGAINST SOLICITORS WAS “WASTEFUL OF TIME AND RESOURCES”
This is a case that started off as a consideration of the way in which a defendant firm of solicitors adduced evidence to support assertions that there was a history of fraud in motor accident claims. The appellants here, the…
“ALL DOCUMENTS HAD AT LEAST TWO NUMBERS AND TECHNICALLY 3 IN SOME CASES”: A SMALL POINT ABOUT BUNDLES AND NUMBERING
For several years a post on bundles and “Sedley’s Laws” was the most read post on this site. Ever since then the preparation, presentation and numbering of bundles for applications and trials have formed a regular part of the material…
PROVING THINGS 295: HOW MUCH SHOULD A CARER BE PAID? INTERESTING READING FOR PERSONAL INJURY AND CLINICAL NEGLIGENCE LAWYERS (AMONG OTHERS…)
This is a case about the costs of providing care. It is unusual in that it does not arise in the context of a claim for damages for personal injury or clinical negligence. Nevertheless there are issues of general relevance…
LIMITATION AND SEXUAL ABUSE CLAIMS: THE LAW CHANGED AFTER EVIDENCE AND SUBMISSIONS BUT BEFORE JUDGMENT: THE AMENDED ACT APPLIES
We have looked before at how the new sections 11ZA and 11ZB into the Limitation Act 1980 have already been considered by the courts. Here was have another example. The new provisions were held to apply in a case where…
THE DANGERS OF SUING A DISSOLVED COMPANY WHICH HAS BEEN RESTORED TO THE REGISTER: COURT REFUSES TO EXTEND TIME BEYOND THE PERIOD OF DISSOLUTION
Here we have an important judgement pointing out that, in effect, the limitation period starts running again once a company is restored to the register. The court cannot grant an order under the Companies Act which extends limitation beyond the…
ACCOMMODATION AND APPLIANCE CLAIMS: THE CASES SINCE SWIFT -v- CARPENTER: WEBINAR 3rd SEPTEMBER 2026
This webinar examines the legal and practical issues arising in accommodation and aids and appliances claims in personal injury litigation, with particular focus on the impact of Swift v Carpenter. The decision represents a significant development in how courts assess…
EXPERT WATCH 68: THE MISUSE OF AI: “CREATE ME AN EXCEPTIONAL EXPERT WITNESS REPORT”: SHOW HOW MY CLIENT “IS 0% AT FAULT”: THIS WITNESS HAD A FEW PROBLEMS…
“What happens in America eventually happens over here” is a well known maxim. It is for that reason we are looking at a case about expert evidence and the use of artificial intelligence from the United States. (To be frank…
APPELLANT HAS £2.8 MILLION APPEAL STRUCK OUT: RELIEF FROM SANCTIONS REFUSED: THE DANGERS OF INACTIVITY: “THE SERIOUSNESS OF THE CONSEQUENCES CANNOT DETERMINE THE OUTCOME”
Here we see case where an appellant lost the chance to pursue an appeal worth £2.8 million primarily because of a failure to appoint new representatives or inform the Tribunal of details of how he could be contacted. Inactivity led…
EXPERT WATCH 67: LITIGANTS NOT ALLOWED TO RECOVER THE COSTS OF AN EXPERT WHOSE EVIDENCE ON SOME ISSUES WAS “LARGELY UNHELPFUL”
It is rare to be able to see a costs decision on the recoverability of the costs of expert evidence. We have such a case here where the Competition Appeal Tribunal considered whether to allow a successful party to recover…
WITNESS EVIDENCE WEDNESDAY: YOU CANNOT NECESSARILY RELY ON INTERLOCUTORY WITNESS STATEMENTS AT TRIAL
Here we have a case where the claimant, wrongfully, believed that she could rely on witness statements that had been served in the course of the proceedings in addition to the statement served for trial. She was given permission to…
MEMBER NEWS: A REMINDER THAT YOU CAN SET THE FREQUENCY THAT YOU RECEIVE UPDATES
A recent email asked whether it is possible to change the frequency with which updates are received. Some people prefer daily or weekly updates. Changing the frequency is an easy step. HOW TO DO THIS Go to WordPress subscriptions https://wordpress.com/reader/subscriptions Choose…
COST BITES 442: AN IMPORTANT POINT TO WATCH WHEN SEEKING TO RECOVER COSTS ON A COUNTERCLAIM
Here we look at an important point in relation to the costs of a counterclaim. If a party is awarded the costs of the counterclaim those costs may be very narrowly confined. In this case the defendant attempted to recover…
COST BITES 441: NO ORDER FOR COSTS – EVEN THOUGH THE APPLICANT WAS SUCCESSFUL: THERE ARE MANY LESSONS TO LEARN HERE…
Last week this blog had a fairly detailed review of those circumstances which often lead to no order for costs being made. We have another example here. The applicant had succeeded in the application it had made, however the judge…
COST BITES 440: WHY INDEMNITY COSTS WERE ORDERED A LOOK AT THE CLAIMANTS’ PLEADED CASE: FIRSTLY IT WAS PLEADED TOO WIDELY, SECONDLY THERE WERE THEN ATTEMPTS TO PUT THE CASE OUTSIDE THE PLEADINGS
We look again at the award of indemnity costs in the Associated Newspaper case. The reasons for this were manifold. However there were two important factors relating to the statements of case. Firstly the case was pleaded far too widely;…
CIVIL LITIGATION BRIEF WEBINARS COMING UP LATER THIS YEAR: A NEW DISCOUNT CODE
CLB members have a discount to a series of webinars on damages that start in September. The series is intended to provide practical guidance for practitioners dealing with claims of every size, from straightforward road traffic accidents to catastrophic injury litigation….
COST BITES 439 : IS THE EXISTENCE OF A COSTS BUDGET A REASON NOT TO AWARD INDEMNITY COSTS ?
It is rare for an order about indemnity costs to make the headlines of the national press and media. We are looking at a case which has had a major amount of publicity, not least because of the celebrity status…
BACK TO BASICS MONDAY: RELIEF FROM SANCTIONS: THE RELEVANCE OF THE CLIENTS BEING SOLELY AT FAULT: SOME DIFFICULT ISSUES TO TACKLE
In many cases relating to breach from sanctions the fault may lie with the solicitor rather than the client. This case considers that question directly. The clients’ innocence was an important factor in the court’s discretion. “I take from the…
COST BITES 438 : CLAIMANT’S UNTENABLE ARGUMENTS LEADS TO REDUCTION IN COSTS RECOVERED: HOURLY RATES FAR TOO HIGH, EVEN WHEN THE CLAIM WAS “ONLY” FOR £9 MILLION
This decision as to costs gives rise to two interesting issues. Firstly the claimant’s costs of an injunction application were reduced substantially because assertions were put forward on a basis that were “unsustainable” and which should never have been pursued,…
THROWBACK FRIDAY: AVOIDING NEGLIGENCE CLAIMS IN LITIGATION AN 8 POINT SURVIVAL GUIDE (AUGUST 2019): AND LOOK AT THE LINKS…
This week we go back to August 2019 with a simple (but I hope effective) post on avoiding negligence claims in civil litigation. Eight of the major problem areas were identified and succinct solutions offered. (There have been hundreds of…
EXPERT WATCH 66: RED FLAGS AND EXPERTS (1) :THE DUTY TO CONSIDER THE RANGE OF OPINIONS: OFTEN “HONOURED IN THE BREACH”; OFTEN FATAL TO A PARTY’S CASE
This short series is looking at how you can spot “red flags” when looking at an expert report. There are often aspects of reports that “don’t fare well” when put under scrutiny at trial. “His response was that he usually…
EXPERT WATCH 65 : WHEN THE JUDGES SAY “WE ATTACH VERY LITTLE WEIGHT” TO A REPORT IT IS CLEAR THAT SOMETHING HAS GONE WRONG
This judgment is critical of the way in which an expert report was prepared. The problems were manifold in relation to the way in which the information was obtained, the way it was presented and the failure to consider primary…
ANOTHER INTERESTING DISCUSSION (ABOUT INTEREST…): THE STARTING POINT IS THAT THE CLAIMANT IS ENTITLED TO BE COMPENSATED FOR BEING OUT OF ITS MONEY (NO MATTER WHAT IT WOULD HAVE DONE WITH IT…)
Here is a relatively short judgment on an important point – if the purpose of interest is compensatory what is the position if a claimant would never have earned interest on the money in any event? As we shall see…
WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS
Some posts earlier this week concentrated on a case where the judge made no order for costs. This is an unusual outcome, but still one that has to be considered and the client warned about. Here we take a…
COST BITES 437: SHOULD THE DEFENDANT’S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD…
In this case the judge decided that the defendant’s conduct of the litigation warranted an award of indemnity costs being made. There is an interesting consideration of the case law relating to when costs will be reduced because of lack…
INTEREST ON DAMAGES: (1) GENERALLY; (2) AFTER THE DEFENDANT FAILS TO BEAT A PART 36 OFFER: THERE IS NO NEED TO FIND DISHONESTY OR SERIOUS CONDUCT TO AWARD ENHANCED INTEREST
There are two issues of interest in this case. Firstly the judge’s decision on the appropriate rate for interest on damages generally. Secondly the judge’s observations that there is no need for the court to find misconduct to award enhanced…
WITNESS EVIDENCE WEDNESDAY: RED FLAGS AND WITNESS STATEMENTS (1): THE WITNESS THAT GIVES THE COURT THEIR OPINION
We have below a series of posts about the dangers of putting “opinion” evidence into witness statements. It has been a constant theme on this site for, at least, 12 years. There is no sign of this abating. Attempts have…
A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
This case emphasises a long existing principle that a second action cannot be brought if a claimant, now deceased, has settled proceedings in their lifetime. This principle extends to concurrent tortfeasors. There are also important observations outside the realm of…
COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT’S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST
Here we look at a judgment where the court considered an argument that the claimant had not beaten its own Part 36 offer. The judge held that the defendant’s argument fell at the first post because it failed to take…
COST BITES 435: ANOTHER APPLICATION TO REVISE A COSTS BUDGET (DURING A TRIAL): WITH A DIFFERENT RESULT: SOME INTERESTING COMMENTS ON CONDUCT ALONG THE WAY…
We have had a number of cases relating to amending costs budgets recently. This one has a different result. The need to revise the budget arose from the judge’s decision that there should be a separate hearing on damages. This,…
MEMBER NEWS: HOW TO UPDATE YOUR CARD DETAILS TO MAKE SURE YOUR SUBSCRIPTION STAYS LIVE: FOUR SIMPLE STEPS IF YOU FIND THAT YOU CAN’T GET ONTO THE SITE
I have had a number of enquiries asking how to update card details when a card has expired. I have outlined the four steps that need to be taken below. THE METHOD Log in to My Account on CLB….
You must be logged in to post a comment.