EXPERT WATCH 30 : WHEN THE EXPERTS REPORT ON THE BASIS OF DIFFERENT INFORMATION AND DOCUMENTS: IT WAS APPARENT THAT SOMETHING HADE WRONG WITH THE PROCESS OF OBTAINING EXPERT OPINION EVIDENCE
Here we have problems with the way in which handwriting experts were instructed. The difficulty being that different experts were given different documents. This led to difficulties at trial. However, ultimately, it did not favour the defendants. The judge was…
EXPERT WATCH 29: THE JUDGE IS WARY OF A CLINICAL EXPERT WHO IS “HEAVILY INVOLVED IN THE BUSINESS OF LITIGATION”
There have been a number of cases in recent years where judges have been wary (sometimes highly sceptical) of expert witnesses who make their living solely from being involved in litigation. We have another example here. There is no indication…
PROVING THINGS 275: IF YOU CAN’T PROVE YOU SUFFERED A LOSS THEN YOU HAVE NO CLAIM: ACTION AGAINST SOLICITORS DISMISSED: THE PARABLE OF THE MOUNTAINEER’S KNEE
Here we have an interesting case about the alleged professional negligence of solicitors. The case did not get very far, being struck out at first instance and with that decision upheld by the Court of Appeal. Put simply the claimants…
COURT OF APPEAL REFUSES PERMISSION FOR APPELLANT TO AMEND PLEADINGS OR RELY ON NEW EVIDENCE: GET YOUR CASE TOGETHER BEFORE AN APPLICATION NOT AFTER IT…
In this judgment today the Court of Appeal refused an application by an appellant to rely on amended Particulars of Claim or adduce new evidence in a case where the claim was struck out. The Court made the point that…
THE CURRENT IMPORTANCE OF PLEADINGS 45: THE PARTICULARS OF CLAIM SHOWED NO ARGUABLE CAUSE OF ACTION AND WERE STRUCK OUT
Here we have an example of a case where the allegations against the proposed (Part 20) defendant were inadequately pleaded. So inadequate that the judge struck out the particulars and refused the applicant’s permission to rely on amended particulars (which…
CLINICAL NEGLIGENCE CORNER 6 : CAUSATION WHEN THE INJURIES OCCURRED BEFORE THE NEGLIGENCE: THE BREACHES MADE NO DIFFERENCE TO THE OUTCOME
Practitioners in every field of litigation need to be aware of the need to prove causation in addition to breach. This requirement can sound particularly harshly in clinical negligence. We see an example here. There were some breaches of the…
BACK TO BASICS MONDAY: MAKING APPLICATIONS: WORDING AND TIMING
Last week we looked a case where the parties to a day long application had incurred costs over of £1.3 million. That case emphasises that applications can be expensive. Further they can sometimes be expensive, leaving the applicant in a…
HELPING THINGS GO SMOOTHLY IN 2026: THE AVOIDING THE PITFALLS WEBINAR SERIES
Keeping things running smoothly is an essential part of the litigator’s job. It is not easy. This series of webinars looks at key practice and problem areas with the specific aim of avoiding problems and (if necessary) dealing with difficulties…
COST BITES 321: THE GUIDELINE HOURLY RATES ARE NOT “SOMEWHAT OUT OF DATE”
The previous post on the updating of the Guideline Hourly rates leads us to this next case. It poses the question – are the rates “somewhat out of date”. As we shall see the judge gives a clear answer. (There…
NEW YEAR: NEW GUIDELINE HOURLY RATES: SEE THE DETAILS HERE: EFFECTIVE FROM YESTERDAY
The new Guideline hourly rates were published yesterday. They take effect from 1st January 2026 (for anyone working on that day…). They have been updated using service producer price inflation (SPPI). THE INCREASES The increases are 2.28%, using the…
NEW SERIES FOR 2026: CIVIL PROCEDURE “BACK TO BASICS MONDAY”: STARTING ON …. MONDAY…
We look at many cases on this blog where litigants (often more accurately – litigators) experience major procedural difficulties. It is surprising how often these difficulties arise from a very basic failure. That is a failure to follow a rule,…
WHEN A DAY LONG APPLICATION FOR PERMISSION TO AMEND INCURS COSTS OF OVER £1.3 MILLION (AND STILL THE BUNDLES AREN’T QUITE RIGHT…)
NB THIS DECISION WAS OVERTURNED ON APPEAL, SEE THE POST ON THE 23rd JUNE 2026 ON THE COURT OF APPEAL DECISION Titan Wealth Services Ltd & Anor v Tavistock Investments PLC & Ors [2026] EWCA Civ 500 There are some…
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