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…
DESIGNATED CIVIL JUDGES SHOULD BE CAREFUL WHO IS GIVEN THE TASK OF TRYING COMPLEX TRIALS: COURT OF APPEAL MISSIVE TO DESIGNATED CIVIL JUDGES (& MANY OTHERS…)
Here we look at some comments made yesterday by the Court of Appeal. The court allowed an appeal by a defendant in a personal injury case. The case was heard by a Deputy District Judge. The court was clear that…
PROVING THINGS 291: WHAT WEIGHT DOES A JUDGE GIVE TO WITNESS STATEMENTS WHEN THE WITNESSES DO NOT ATTEND TRIAL AND (THE JUDGE FINDS) THERE IS NO GOOD REASON FOR THIS?
We have looked many times at issues relating to the weight a judge gives to a witness statement when the witness does not, in fact, attend trial. We have an example here. The judge found that there was no good…
SERVICE POINTS 47: THE CASE ABOUT THE SECRETARY OF STATE AND THE UNSEALED CLAIM FORM: A RARE EXAMPLE OF “DENTON” PRINCIPLES APPLYING IN THESE CIRCUMSTANCES
Here we have an unusual case about service of the claim form, with an unusual result. The judge reiterated the principle that a claimant must serve a sealed copy of the claim form, even though this was extremely difficult under…
THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION 4: “CHOOSING SUPERVISORS” (THERE IS MUCH MORE TO THIS THAN MEETS THE EYE): PLUS TWO USEFUL CHECKLISTS
Here we are continuing our look at the new SRA Guidance on Effective Supervision. Today we are looking at the section on “Choosing Supervisors” . There are five paragraphs on this in the Guidance. However this issue is fundamental to…
BOTH SIDES WANTED A STRIKE OUT FOR NON-COMPLIANCE – BUT GOT NOWHERE (A FAIRLY EXPENSIVE – AND FRUITLESS DAY OUT…): “LOCKED HORNS” AND “SPIRITED CORRESPONDENCE”
Here we have applications to strike out by both sides for alleged non-compliance with a court order. The judge described the defendants’ application as “aggressive” and the claimant’s application as a “tit for tat” application. Ultimately, however, we are looking…
THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION: WHAT LITIGATION FIRMS NEED TO DO NOW – AND THE CONSEQUENCES IF THEY DON’T: WEBINAR JUNE 25th 2026 (A BARGAIN AT £99)
We have been looking at the new SRA Guidance on Effective Supervision over the past week. This webinar will look at the key points of the guidance for litigators, in particular and provide a series of checklists and templates for…
THE CURRENT IMPORTANCE OF PLEADINGS 81: IF YOU ARE RELYING ON A STATUTE THAT WASN’T ACTUALLY IN FORCE ON THE DATE IN QUESTION IT MAY HAVE BEEN BETTER FOR YOU TO HAVE PLEADED THIS…
Here we have an unusual case where the trial judge’s findings in favour of the defendant were overturned on appeal. One particular feature of this case is the fact that the claimant relied on a statute that was actually in…
WITNESS EVIDENCE WEDNESDAY: CLAIMANT’S WITNESS STATEMENT WAS SUFFICIENT TO SHOW THAT IT COULD PAY AN ADVERSE COSTS AWARD: APPLICATION FOR SECURITY FOR COSTS REFUSED
An assessment of the degree to which a judge can disbelieve witness evidence in writing plays a major part in the judgement we are looking at here. The claimant’s witness gave evidence that it was solvent and would be able…
THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION 3: THE KEY THEMES – THE GUIDANCE AND TEN USEFUL CHECKLISTS
We are continuing our examination of the SRA Guidance on Effective Supervision by looking at what are identified as the “Key themes”. Here we look at the central points, the relevant guidance itself and then 10 checklists which help ensure…
COST BITES 402: DOES THE FACT THAT LEGAL FEES HAVE BEEN PAID BY RELATIVES MEAN THAT A RESPONDENT IS NOT LIABLE TO PAY COSTS? THE INDEMNITY PRINCIPLE CONSIDERED
Here the court considered an argument that the indemnity principle meant that an unsuccessful respondent was not liable to pay the appellant’s costs. It was clear that the fees in question had been paid by family members and not the…
ASSESSORS IN THE COURT OF APPEAL IN ADMIRALTY CASES: WHY WERE THEY NECESSARY? APPELLANTS MAY HAVE SUFFERED FROM THAT SINKING FEELING …
I don’t know if there are many shipping lawyers who read this site. Here we have a very niche part of a judgment in relation to Admiralty Court procedure. The appeal was originally adjourned because there appeared to be a…
DEFENDANT GIVEN PERMISSION TO WITHDRAW FROM ADMISSIONS: THE SOLICITORS CONDUCT WAS A “MATTER OF VERY REAL CONCERN” – BUT THE APPLICATION WAS GRANTED
Applications to withdraw from admissions often give rise to controversy. Here a defendant to a clinical negligence made such an application very late and on the grounds that there had been a change of expert and thus a change of…
THE CURRENT IMPORTANCE OF PLEADINGS 80: THE PARTICULARS OF CLAIM “FAILED TO FORMULATE A LEGALLY RECOGNISABLE CASE AGAINST EACH DEFENDANT”: THE ACTION WAS STRUCK OUT
Here we look at a case where an unrepresented litigant’s action against five defendants was struck out because the Particulars of Claim did not show any legally recognisable case against any of the defendants. This judgment shows the importance of…
THE BAR STANDARDS BOARD GUIDANCE ON THE USE OF ARTIFICIAL INTELLIGENCE AND OTHER TECHNOLOGIES: THE KEY POINTS AND SEVEN USEFUL CHECKLISTS
We have seen examples of barristers getting into difficulties because of the misuse of AI. The Bar Standards Handbook gives 14 pages of useful guidance to the Bar. I have attempted to summarise the guidance here and provide some useful…
THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION 2: GUIDANCE AND CHECKLISTS ON THE USE OF ARTIFICIAL INTELLIGENCE (WITH A LITTLE HELP FROM OTHER SOURCES…)
It is clear from recent developments that the use of AI can be useful in litigation, however it can also lead to major problems. The new SRA Guidance recognises the issues in relation to the need to supervise AI use,…
PERSONAL INJURY POINTS 16: A TRIAL ALL ABOUT CONTRIBUTORY NEGLIGENCE: THE PRINCIPLES CONSIDERED AND APPLIED
For many years this blog has taken a particular interest in cases about contributory negligence. This partly because the issue is not dealt with in detail in many places and secondly because of the major practical consequences contributory negligence can…
THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION: THE KEY ELEMENTS, THE GUIDANCE AND THREE USEFUL CHECKLISTS
Last week we looked at the major changes and new elements of the SRA Guidance “Effective Supervision”. The Guidance contains a totally new section on supervision in litigation. Clearly a detailed knowledge of this guidance is essential to all litigators…
COST BITES 401: COURT OF APPEAL OVERTURNS TRIAL JUDGE’S DECISION ON COSTS: THE COMPLICATIONS THAT OCCUR WHEN A COURT IS ASKED TO TAKE DISHONESTY INTO ACCOUNT WHEN MAKING AN AWARD OF COSTS…
Here the Court of Appeal grappled with some interesting issues when it overturned a trial judge’s decision to make no order for costs. The Court of Appeal stated that although the judge had been critical of the conduct of the…
BACK TO BASICS MONDAY: WHAT ARE THE RULES IF A COURT ORDER DOES NOT STATE A SPECIFIC DATE FOR THE PAYMENT OF AN ORDER FOR COSTS?
Sometimes it may appear that this series is a bit too “basic”, dealing with things that (surely) everyone involves in litigation knows. However, more often than not, the topics are chosen because recent events have show that there is a…
FATAL ACCIDENT CLAIMS: ENSURING EVERYTHING GOES RIGHT: WEBINAR 17th JUNE 2026
Fatal accident litigation is fraught with procedural and evidential pitfalls. This webinar highlights the areas where cases most commonly go wrong and provides practical guidance on how to avoid costly mistakes. It provides a comprehensive series of checklists of the…
MAZUR MATTERS 63: THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION: HIGHLIGHTING THE CHANGES AND THE NEW ELEMENTS THAT ARE IMPORTANT TO LITIGATORS
The SRA have today published updated guidance on Effective Supervision. There are changes and additions to the pre-existing guidance. Some of these are subtle, others are major. We will look at elements of the guidance in detail in later posts. …
WHEN A LAWYER MAKES A WITNESS STATEMENT FOR THEIR CLIENT: THEY MAY BELIEVE IT TO BE TRUE, BUT IT IS A VERY DIFFERENT MATTER TO PROVIDING EVIDENCE FROM SOMEONE WITH DIRECT RELEVANT KNOWLEDGE
This is the second post on witness evidence and the preparation of witness statements today. It is in a very different context to the first. Here we look at a case in the Intellectual Property List where a judge considered…
WHEN A JUDGE DESCRIBES THE WAY IN WHICH A WITNESS STATEMENT WAS DRAFTED AS “ALARMING” IT IS CLEAR THAT THINGS ARE GOING WRONG
Here we have a case where the judge uses the word “alarmingly” to describe the way in which a witness prepared their witness statement. It transpired that only part of the statement was the witnesses’ evidence, the rest had been…
A CLAIMANT’S APPLICATION FOR AN ANONYMITY ORDER AND THE APPLICATION TO BE HEARD IN PRIVATE WAS REFUSED
This is a case where the principles relating to anonymity orders and private hearings were considered in detail. The claimants applications was largely refused. The only concession being a restriction on disclosure of the claimant’s address. It is important (if…
THROWBACK FRIDAY: WHEN A CLAIMANT FAILED TO PROVE ANY LOSS AND ATTEMPTED TO USE A LAY WITNESS AS AN EXPERT (JUNE 2018):”THERE IS NO ADMISSIBLE EVIDENCE OF ANY LOSS”
We have seen recent examples of cases where parties have failed to prove that they have suffered any loss. The attempts by lay witnesses to give “expert” evidence is also a recurrent theme in this blog. Here we go back…
SERVICE POINTS 46: A CLAIMANT WHO HAS NOT SERVED THE CLAIM FORM IN TIME CANNOT RELY ON CPR 6.15 OR 6.16: ANOTHER ACTION COMES TO GRIEF…
This case emphasises a number of important points about service: (1) There is always a duty on a claimant to serve the claim form in time, no matter what type of proceedings; (2) when a claim form has not been…
PARTS OF A DEFENCE WERE STRUCK OUT AS AN ABUSE OF PROCESS: THE DEFENDANT COULD NOT ATTEMPT TO REARGUE FACTUAL ISSUES THAT HAD BEEN DETERMINED BY A TRIBUNAL
Here we have a case where parts of a defence were struck out, in relation to two of the claimants, because of issue estoppel. The defence was trying to re-argue factual issues which had already been determined by a tribunal. …
PROVING THINGS 290: THE DEFENDANT HAS SUFFERED A LOSS BUT HAS NOT BROUGHT ANY EVIDENCE TO COURT TO PROVE IT…
It is wise to remember that a counterclaiming defendant has the same evidential burden in proving loss as a claimant. Here the judge found that claimant in breach of duty – but found that there was insufficient evidence to prove…
THE COURT PREVENTED THE DEFENDANTS FROM MAKING ANY FURTHER APPLICATIONS IN THE CASE UNTIL THEY HAD COMPLIED WITH PREVIOUS COURT ORDERS: A PROPORTIONATE USE OF THE COURT’S CASE MANAGEMENT POWERS
Here we have a case where the court considered, in detail, the appropriate response of the court when a party had failed to comply with previous court orders as to payment of costs. The result was that the defendants in…
COST BITES 400: MASTERCARD FUNDER FAILS IN THE JUDICIAL REVIEW OF ITS SHARE OF THE PROCEEDS : IT TURNS OUT THAT LITIGATION IS NOT PRICELESS
We have got to number 400 in this series. It is perhaps fitting we deal with (what may well be) the tail end of a mammoth case. Further it is a case where litigation funders felt that they had not…
“ADVOCACY – THE JUDGE’S VIEW”: SOME RECAPS BEFORE THE START OF A NEW SERIES: SERIES 1 REVIEWED: (AND WHY THIS IS RELEVANT TO EVERY LITIGATOR…)
We have had three series on advocacy on this site. They have all been from the viewpoint of judges. Looking at guidance given by judges throughout the world. The point being that judges are not your clients, but they are…
THE COURT CAN ORDER SPECIFIC PERFORMANCE AGAINST A RELUCTANT LANDLORD: IF THE DEFENDANT WANTED TO ARGUE THAT THIS WAS NOT FEASIBLE THEN IT SHOULD HAVE ADDUCED EVIDENCE AT THE TRIAL
There is little (if any) point litigating if a claimant is not going to obtain an effective remedy if successful. Here we have a case where the claimant sought (and obtained) an order for specific performance. There are lessons here…
CIVIL LITIGATION 2026: A TWELVE POINT SURVIVAL GUIDE UPDATED: 12 YEARS ON AND ALL OF THIS IS STILL RELEVANT
In July 2014 I wrote a 12 point “Survival Guide” for litigators. This was a guide to procedural safety following the Court of Appeal on from the decision in Denton. Re-reading this today all the points remain relevant. Today is…
WITNESS EVIDENCE WEDNESDAY: CLAIMANT’S EVIDENCE FAILS TO ESTABLISH THE FACTUAL CASE SET OUT IN THE PARTICULARS OF CLAIM
Here we have an example of another case which rested, more or less totally, on the claimant’s accuracy of recollection. I am grateful to Patrick Limb KC for drawing my attention to the judgment. The claimant (looking back to events…
REMOTE PARTICIPATION IN COURT HEARINGS: THE JUDICIAL PRINCIPLES EXPLAINED
The Courts and Tribunals Judiciary have issued a document “Remote Participation – Judicial Principles”. It ” sets out the overarching judicial principles for remote participation and provides a common set of principles for determining whether remote participation is appropriate.” These…
UPDATED GUIDANCE ON COMPLETING CASE ADMINISTRATION TASKS IN MyHMCTS
On the 29th May HMCTS published updated guidance on how to complete case administration tasks in MyHMCTS. The changes the updates made are not wholly clear, here are what appears to be the main changes. What HMCTS says changed…
PREPARING A SCHEDULE AND PROVIDING EVIDENCE IN A FATAL CLAIM: WEBINAR 12th JUNE 2026
The outcome of a fatal accident claim often hinges on the strength of the schedule and the supporting evidence. This webinar provides practical guidance on building a robust, credible schedule of loss, supported by evidence, that accurately reflects the full…
SHOULD PROCEEDINGS BE STRUCK OUT WHEN THE CLAIMANTS HAD ISSUED IN THE WRONG COURT, USING THE WRONG METHOD? THE DENTON PRINCIPLES CONSIDERED
This is a judgment that bristles with procedural issues. The claimants had issued in the wrong court, using the wrong procedure. The defendant made applications which (initially) were in the wrong form. The judge had to consider whether the actions…
EXPERT WATCH 50: THE EXPERT SHOULD HAVE GIVEN HIS TRUE OPINIONS EARLIER – NOT WAITED UNTIL CROSS-EXAMINATION
Experts faced with evidence that appears to contradict their earlier views often face a dilemma. In particular they need to consider whether their earlier conclusions remain valid. We have an example here where the judge was critical of the expert’s…
FUNDAMENTAL DISHONESTY ESTABLISHED AT TRIAL: IT WAS NOT A SUBSTANTIAL INJUSTICE TO DISMISS THE CLAIM
The judge in this case had little difficulty in finding the claimant fundamentally dishonest. Further, although the claimant had suffered some injuries, dismissing the claim was did not give rise to “substantial injustice”. “In my judgment the Claimant’s dishonesty was…
EXPERT WATCH 49: EXPERT EVIDENCE IS “UNUSUAL” AT AN INTERLOCUTORY HEARING: “THIS MIXTURE OF OF SUBMISSIONS AND OPINION WAS NOT CPR 35 COMPLIANT EXPERT EVIDENCE”
Here we look at part of a judgment that dealt with expert evidence. The Master was clear that a party could not rely on expert evidence without permission. The use of such evidence is “unusual” in an interlocutory application. Further…
THE JUDGE WAS ENTITLED TO BELIEVE THE CLAIMANT AND FIND THAT HE WAS NOT FUNDAMENTALLY DISHONEST: DEFENDANT’S APPEAL HITS A BARRIER
Here we look at what was, essentially, an attempt to appeal a trial judge’s findings of fact. It did not fare well. The judge found that the trial judge was entitled to reach the conclusions he did. The absence of…
COST BITES 399: WHEN THE COSTS OF THE LITIGATION ALMOST ENTIRELY CONSUME THE VALUE OF THE ESTATE BEING SUED:
This is another case that litigators and litigants need to read. An action against an estate led to the net value of the estate being “almost entirely” consumed by costs. During the course of the litigation the (unsuccessful) claimant already…
BACK TO BASICS MONDAY: THE DUTY TO SERVE A NOTICE OF APPEAL “AS SOON AS IS PRACTICABLE”
This post arises from the observations of the judge in a case we looked at last week. In essence it is not enough to simply issue a notice of appeal or an application notice. The rules require that you serve…
AN OFFER TO SETTLE THAT DOES NOT INCLUDE PROVISION FOR COSTS MAY WELL BE INEFFECTIVE: IT CERTAINLY WILL NOT LEAD TO A PETITION BEING STRUCK OUT: COURT OF APPEAL DECISION TODAY
Here we look at an argument that a petition should be struck out because the respondents had made a reasonable offer to resolve the issues between the parties. The Court of Appeal observed that the “reasonable offer” did not include…
IF YOU ARE ASKING FOR AN EXPEDITED TRIAL – MAKE SURE YOU ARE AVAILABLE…: JUDGE SAYS THE PARTIES SHOULD HAVE CHECKED THIS ISSUE
Here we are looking at a short, but important, point in relation to seeking an expedited trial. The parties agreed the need for a speedy trial and agreed the dates. However it turns out that neither of the leading counsel…
COST BITES 398: MORE BUDGETING IN THE MERCEDES-BENZ LITIGATION: ONLY A “MODEST” REDUCTION OF £1 MILLION HERE: BUT WHY (THE COURT ASKS) WEREN’T REALISTICALLY REDUCED FIGURES PUT FORWARD IN THE FIRST PLACE?
Here we look at the remaining elements of costs budgeting in a case that we have looked at before. The reductions this time were not as severe as previously. It remains the case, however, that just over £1 million was…
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