WITNESS EVIDENCE WEDNESDAY: THOSE WHO DRAFTED THE WITNESS STATEMENTS “HAVE FORGOTTEN WHAT THE ROLE OF THE WITNESS STATEMENT IS”: A USEFUL CHECKLIST AND LINKS TO KEEP YOU ON THE STRAIGHT AND NARROW
Here we look at a case where the judge was extremely blunt in his critique of the way in which both parties had drafted the witness statements. The judgment was from a few years back. However we are looking at…
SERVICE POINTS 54: THE CLAIMANT FAILED TO SERVE A SEALED CLAIM FORM IN TIME: THERE WAS NO OBLIGATION ON A DEFENDANT TO MAKE AN APPLICATION UNDER CPR 7.7: THE ACTION BITES THE DUST
Here we have a case where the claimant simply failed to serve a sealed claim form in time. Despite being warned of this by the defendant the claimant insisted that service of an unsealed claim form was sufficient. The claimant…
THE DIFFICULTIES WHEN MAKING A CLAIM FOR LOSS OF EARNINGS OF THE SELF-EMPLOYED OR SOMEONE INVOLVED IN SPORTS OR ENTERTAINMENT: WEBINAR 29TH SEPTEMBER 2026
Claims for loss of earnings become particularly difficult when the claimant is not an employee. The court may have to reconstruct the likely progress of a business, professional practice, sporting career or career in the arts. Past income may fluctuate…
THE CURRENT IMPORTANCE OF PLEADINGS 91 : THE COURT FINDS FOR THE CLAIMANT ON A POINT NOT PLEADED: THE IMPORTANCE OF THE STATEMENT OF THE AGREED ISSUES FOR TRIAL
The previous post looked at the costs consequences of a claimant pleading a case on a wide basis and then succeeding on the basis of a case that was not specifically pleaded. It is worthwhile looking at the judgment on…
COST BITES 450: IF THE CLAIMANT SUCCEEDED ON A CASE THAT WAS NOT PLEADED SHOULD IT THEN PAY THE DEFENDANTS’ COSTS?
Here the “Cost Bites” series interacts with the “Present Importance of Pleadings”. The judge considered issues relating to liability to pay costs when the claimant had succeeded, but on a basis that was not pleaded. In these circumstances should the…
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