SERVICE POINTS 26: CAN THE COURT MAKE AN ORDER FOR THE ALTERNATIVE SERVICE OF DOCUMENTS "IN CIRCUMSTANCES THAT MAY NEVER ARISE": A PRAGMATIC APPROACH

SERVICE POINTS 26: CAN THE COURT MAKE AN ORDER FOR THE ALTERNATIVE SERVICE OF DOCUMENTS “IN CIRCUMSTANCES THAT MAY NEVER ARISE”: A PRAGMATIC APPROACH

February 4, 2026 · by · in Applications, Members Content, Serving documents

Can the court take a proactive approach to the service of documents when there are grounds for suspecting that a party will engage in “game playing” as to service in the future? That is the question considered here.  The court’s…

THE CLAIMANTS FILED A NOTICE OF APPEAL OUT OF TIME: COURT REFUSES AN EXTENSION: SOME IMPORTANT LESSONS HERE: OUT OF TIME MEANS OUT OF COURT...

THE CLAIMANTS FILED A NOTICE OF APPEAL OUT OF TIME: COURT REFUSES AN EXTENSION: SOME IMPORTANT LESSONS HERE: OUT OF TIME MEANS OUT OF COURT…

February 4, 2026 · by · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Relief from sanctions

One thing anyone considering an appeal should know, with absolute certainty, is the date the appeal has to be lodged. This, in turn, involves knowing the date on which the period starts running.  Here we see a case where the…

THE PARTIES SHOULD DRAFT ORDERS IN THE TERMS STATED BY THE JUDGE: THE DRAFTING SHOULD NOT BE LITIGIOUS BUT TRANSACTIONAL

THE PARTIES SHOULD DRAFT ORDERS IN THE TERMS STATED BY THE JUDGE: THE DRAFTING SHOULD NOT BE LITIGIOUS BUT TRANSACTIONAL

February 4, 2026 · by · in Applications, Civil evidence, Civil Procedure, Conduct, Members Content

We are looking at two interesting aspects of a decision here. Firstly the judge’s observations on attempts by the claimants to “re-draw” the order made by the judge at the hearing. Secondly the finding that there were no good reasons…

WITNESS EVIDENCE WEDNESDAY ii: WHY A JUDGE DID NOT ACCEPT THE EVIDENCE OF THE DEFENDANTS' WITNESS: SOME REPLIES WERE "ESSENTIALLY MEANINGLESS VERBIAGE DESIGNED TO FOB OFF QUESTIONS" HE "PREFERRED NOT TO ANSWER"

WITNESS EVIDENCE WEDNESDAY ii: WHY A JUDGE DID NOT ACCEPT THE EVIDENCE OF THE DEFENDANTS’ WITNESS: SOME REPLIES WERE “ESSENTIALLY MEANINGLESS VERBIAGE DESIGNED TO FOB OFF QUESTIONS” HE “PREFERRED NOT TO ANSWER”

February 4, 2026 · by · in Civil evidence, Civil Procedure, Members Content

 Knowing the  factors that lead to the evidence of a witness not being accepted is an important part of the litigator’s “skill set”.  Here we look at a case where the evidence of a witness was roundly rejected.   “I…

WITNESS EVIDENCE WEDNESDAY i : COURT WOULD NOT DRAW ADVERSE INFERENCES FROM WITNESSES WHO WERE NOT CALLED TO GIVE EVIDENCE "THE PERMISSIBLE FUNCTIONS OF CROSS-EXAMINATION DO NOT INCLUDE ENABLING THESE DEFENDANTS TO FISH FOR MATERIAL IN SUPPORT OF A CASE THAT IS (i) UNPLEADED (ii) IS INCONSISTENT WITH THE CASE THAT IS PLEADED"

WITNESS EVIDENCE WEDNESDAY i : COURT WOULD NOT DRAW ADVERSE INFERENCES FROM WITNESSES WHO WERE NOT CALLED TO GIVE EVIDENCE “THE PERMISSIBLE FUNCTIONS OF CROSS-EXAMINATION DO NOT INCLUDE ENABLING THESE DEFENDANTS TO FISH FOR MATERIAL IN SUPPORT OF A CASE THAT IS (i) UNPLEADED (ii) IS INCONSISTENT WITH THE CASE THAT IS PLEADED”

February 4, 2026 · by · in Applications, Civil evidence, Civil Procedure, Members Content, Statements of Case, Witness statements

As you may guess from the title we are looking at witness evidence more than once today.  Firstly we are going to look at an argument from the defendants that a claimant’s failure to call witnesses to give evidence meant…