PROVING THINGS 292: CLAIMANT ORDERED TO PROVIDE SECURITY FOR COSTS: NO “HUMAN SOURCE” FOR THE MATERIAL PROVIDED: THE IMPORTANCE OF GIVING THE SOURCE OF INFORMATION AND BELIEF
Here we are looking at another case where the court considered the burden of proof in an application for security for costs. In this case the claimant was ordered to provide security. An interesting feature is the identified failure of…
THE KEY CASES IN FATAL ACCIDENT DAMAGES 2026: WEBINAR ON THE 24th JUNE 2026
You could study the Fatal Accidents Act for a long time, decades even, and have no clue at all as to how damages are assessed. This is because the relevant principles are in set out in case law. A detailed…
GETTING TO GRIPS WITH TIME ESTIMATES: THE KEY POINTS AND SOME USEFUL POINTERS AND CHECKLISTS: AVOIDING YOUR ESTIMATE BEING CALLED “ABSURD”
The earlier post on time estimates has prompted me to revisit the issue with some practical suggestions for practitioners. Here we have a review of the cases, the key points that emerge and a series of checklists of the issues…
COST BITES 403: JUDGMENT TODAY: SUCCESS FEE AND ATE PREMIUM NOT PAYABLE BY CLIENT WHEN THE SOLICITOR FAILED TO MAKE REASONABLE ENQUIRIES ABOUT BTE INSURANCE
Here we look at a judgment given today which highlights the importance of considering the existence of pre-existing insurance policies when solicitors are acting for a claimant. The judge held that the solicitors had made inadequate enquiries in relation to…
THE VEXED ISSUE OF TIME ESTIMATES (AND VOLUMINOUS BUNDLES) AGAIN: IF YOU ARE GOING TO “JUMP THE QUEUE” THEN THERE IS A DUTY ON BOTH PARTIES TO PRESENT A CASE THAT CAN BE HEARD IN THE TIME GIVEN
We have looked at the issue of accurate time estimates many times. Here we have a case where the parties agreed to a time estimate for a hearing that, the judge found, was clearly inaccurate. The judge observed that this…
SUPERVISION FOR LAWYERS: USEFUL LINKS: “REMEMBER THAT SUPERVISION HAS NUMEROUS BENEFITS”
Yesterday I wrote about the SRA Guidance in relation to choosing supervisors. Despite supervision being central to a well run, and profitable, legal practice there is little guidance given to lawyers on how to go about being a good supervisor. …
THROWBACK FRIDAY: THINGS THAT LAWYERS DO TO ANNOY JUDGES: (JUNE 2016) (A SPOILER – SCOWLING AND POUTING WHILE THE JUDGE GIVES THEIR DECISION DOESN’T GO DOWN TOO WELL)
Here we look back to a post from June 2016. It is a summary of guidance given by a Canadian Judge. The link to the original post on the matter is now defunct. However the summary given here gives the…
You must be logged in to post a comment.