A TRIBUTE TO GILES PEAKER: “NEARLY LEGAL” – AN EXTRAORDINARY MAN WITH EXTRAORDINARY TALENTS
I was distressed to read the news that the extraordinary talented Giles Peaker passed away last weekend. The news can be found on his blog “Nearly Legal” which includes tribute from his firm Anthony Gold. NEARLY LEGAL Giles started his…
DEDUCTING COSTS FROM THE CLAIMANT’S DAMAGES: A DEDUCTION OF £2,500 REDUCED TO £330: THE WARNING NOTICE FROM THE SRA REITERATED IN A COURT JUDGMENT
The previous post mentioned a webinar this Friday on deducting costs from the client’s damages. Right on cue this judgment occurred on that very topic. It makes some very important observations. It has created more work in preparing the webinar,…
DEDUCTING COSTS FROM THE CLIENT’S DAMAGES: THE LAW AND PRACTICE: WEBINAR 24th APRIL 2026
Recent cases have shown that the issues relating to to deducting costs from the client’s damages remain controversial and highly contested. This webinar examines the regulatory framework and case law governing the deduction of legal costs from a client’s damages…
EXPERT WATCH 43: WHEN AN EXPERT DOESN’T HAVE “REAL WORLD” EXPERIENCE OF THE MATTERS IN THEIR REPORT – THEY START ON THE BACK FOOT…
The previous post on costs and mediation led to me to look at the initial judgment on liability. This is because the court considered an argument that the situation with the claimant’s expert was so poor as to warrant indemnity…
COSTS BITES 377: SHOULD A SUCCESSFUL DEFENDANT’S REFUSAL TO MEDIATE LEAD TO IT LOSING ITS RIGHT TO RECOVER COSTS?
Here we have a case where a claimant who lost a case at trial (and turned down an offer of £200,000) argued that there should be no order for costs. That argument did not take it very far… “The Defendant’s…
THE CURRENT IMPORTANCE OF PLEADINGS 67 : YOU CANNOT RELY ON THE DEFENDANTS’ ALLEGED SILENCE AS AN EXCUSE TO ATTEMPT AN UNPLEADED CASE THROUGH THE BACK DOOR
Here we have an unusual argument from the claimants. The judge, whilst issuing a warning that the claimants had to refer back to their pleaded case, allowed the claimants some latitude in cross-examination. This led the claimants to argue that…
BACK TO BASICS MONDAY: WHEN CAN A WITNESS BE EXCLUDED FROM THE COURT HEARING?
In civil proceedings witnesses are commonly present throughout an entire action. On occasions a request is made that witnesses be excluded. There is little authority for the proposition that a court can exclude witnesses or guidance as to how the…
THERE MAY BE A LOT OF LAWYERS REPRESENTING A PARTY: HOWEVER THE CLAIM WAS STILL PRESENTED IN AN “UNFOCUSED” MANNER: A “MOVEABLE FEAST” IS NOT A WISE WAY TO CONDUCT LITIGATION
It is not that common for a judge to comment that a claim has been brought in an “unfocused manner”. It is even less common in a case where the case is heavily “lawyered”. We have an example here. The…
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