MAZUR MATTERS 64: THE COURT REJECTS WOULD BE APPELLANT'S ARGUMENT THAT A CLAIMANT'S REPRESENTATIVE HAD NO RIGHT OF AUDIENCE

MAZUR MATTERS 64: THE COURT REJECTS WOULD BE APPELLANT’S ARGUMENT THAT A CLAIMANT’S REPRESENTATIVE HAD NO RIGHT OF AUDIENCE

July 10, 2026 · by · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Setting aside judgment

The Court considered a “Mazur” type argument in this application for permission to appeal. The appellant arguing that the claimant had never been lawfully represented at previous hearings. This argument did not get very far.  The judge indicated that, even…

THE CURRENT IMPORTANCE OF PLEADINGS 86: DEFENDANT REFUSED PERMISSION TO AMEND DEFENCE ON THE MORNING OF TRIAL

July 10, 2026 · by · in Amendment, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Statements of Case

Here we look at what can only be described as a “very late” application to amend a defence. It was made on the morning of the first day of trial.  Surprisingly there was no explanation as to why an application…

THROWBACK FRIDAY: THE DEFENDANT IS NOT THE CLAIMANT'S KEEPER: ANOTHER CASE WHERE (MIS) SERVICE OF THE CLAIM FORM LED TO GRIEF

THROWBACK FRIDAY: THE DEFENDANT IS NOT THE CLAIMANT’S KEEPER: ANOTHER CASE WHERE (MIS) SERVICE OF THE CLAIM FORM LED TO GRIEF

July 10, 2026 · by · in Appeals, Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Service of the claim form, Serving documents

We are going back to July 2018 where the High Court overturned a first instance decision in favour of a claimant on a service of the claim form issue.  The judgment is particularly important because the first-instance judgment appeared to…