EXPERT WATCH 31: A PARTY WAS NOT ALLOWED TO RELY ON THE EXPERT EVIDENCE OF SOMEONE WHO WAS CONFLICTED: THE EXPERT CANNOT "MARK THEIR OWN HOMEWORK"

EXPERT WATCH 31: A PARTY WAS NOT ALLOWED TO RELY ON THE EXPERT EVIDENCE OF SOMEONE WHO WAS CONFLICTED: THE EXPERT CANNOT “MARK THEIR OWN HOMEWORK”

January 28, 2026 · by · in Civil evidence, Civil Procedure, Credibility of experts, Expert evidence, Experts, Members Content

This is an interesting example of a judge refusing a party permission to rely on an expert witness because they were conflicted.  They had been involved in the issues previously and could not give independent or disinterested advice.   “Ms…

COST BITES 339: SOLICITOR'S ATTEMPT TO OVERTURN A DECISION OF THE LEGAL OMBUDSMAN WAS UNSUCCESSFUL: IT WAS ENTITLED TO ORDER REPAYMENT OF ALL THE FEES IN ADDITION TO £50,000 COMPENSATION

COST BITES 339: SOLICITOR’S ATTEMPT TO OVERTURN A DECISION OF THE LEGAL OMBUDSMAN WAS UNSUCCESSFUL: IT WAS ENTITLED TO ORDER REPAYMENT OF ALL THE FEES IN ADDITION TO £50,000 COMPENSATION

January 28, 2026 · by · in Civil Procedure, Costs, Members Content

There are many lessons to learn from this case: (i) the nature, extent and power of the Legal Ombudsman; (ii) the importance of transparency and accuracy when giving an estimate as to fees, particularly in litigation (iii) the very limited…

COST BITES 338: COURT AWARDS THE DEFENDANT INDEMNITY COSTS: THE CLAIMANT'S HAD AN "ENTIRELY, UNREASONABLE AND ALMOST IRRATIONAL APPROACH TO THIS LITIGATION"

COST BITES 338: COURT AWARDS THE DEFENDANT INDEMNITY COSTS: THE CLAIMANT’S HAD AN “ENTIRELY, UNREASONABLE AND ALMOST IRRATIONAL APPROACH TO THIS LITIGATION”

January 28, 2026 · by · in Applications, Assessment of Costs, Civil Procedure, Costs, Members Content

We have looked many times at cases where the courts have considered whether or not costs should be awarded on an indemnity basis.  I do not recall a judgment where the judge has decided this issue so emphatically.   There were…

IT IS NOT THE JUDGE'S JOB TO ADD A PENAL NOTICE TO THE ORDER: THE APPLICANT SHOULD ASK: PENAL NOTICES CONSIDERED

IT IS NOT THE JUDGE’S JOB TO ADD A PENAL NOTICE TO THE ORDER: THE APPLICANT SHOULD ASK: PENAL NOTICES CONSIDERED

January 28, 2026 · by · in Applications, Civil evidence, Civil Procedure, Committal proceedings, Members Content

There are a remarkable number of cases about penal notices.  Questions such as “are they part of the court order?”; “are the essential for committal proceedings to be brought?” “when should they be added and who should add them” arise…