ANOTHER (YES ANOTHER) CASE OF FAKE AUTHORITIES BEING CITED TO THE COURT: APPEAL STRUCK OUT AS AN ABUSE OF PROCESS
Unbelievably we are looking at another case where the court found that false authorities had been cited to it. The appeal was struck out as an abuse of process. “In my judgment, the Court needs to take decisive action…
THE DEFENDANT’S DELAY LEADS TO COURT OF APPEAL REFUSING TO SET ASIDE DEFAULT JUDGMENT: THE IMPORTANCE OF BEING PROMPT
Today we are looking at a case where a defendant waited 16 months before applying to set aside a default judgment. That application to set aside was successful at first instance but overturned by the Court of Appeal. The Court…
THE JUDGE’S DECISION TO GRANT RELIEF FROM SANCTIONS TO A DEFENDANT WAS APPROPRIATE: SOME WORDS AS TO HOW PEREMPTORY ORDERS SHOULD BE DRAFTED.
Today we are looking at a case where the Court of Appeal upheld a decision granting a defendant relief from sanctions. However this is a case of “two halves” in that the claimant had a more favourable decision in relation…
COST BITES 233: VARDY -v- ROONEY: SOME EXTRA TIME ON THE COSTS ISSUES: CLAIMANT’S CONDUCT DID NOT CROSS THE LINE -NO REDUCTION OF COSTS OF APPEAL
In Rebekah Vardy v Coleen Rooney [2025] EWHC 1027 (KB) Mr Justice Cavanagh made some further costs rulings following the dismissal of the defendant’s appeal on issues relating to costs. Firstly he rejected the defendant’s arguments that the claimant’s costs should be…
APPELLANT FILED APPEAL WITH TWO MINUTES TO SPARE: HOWEVER IT WAS FILED IMPROPERLY AND THE APPEAL DISMISSED: THE DANGERS OF HYPERLINKS…
The judgment of Mr Justice Dexter Dias in Kumar v The General Medical Council (Rev1) [2025] EWHC 820 (Admin) contains an important lesson for all litigants. An appellant left filing a notice of appeal until two minutes before the expiry…
THE CURRENT IMPORTANCE OF PLEADINGS 6: A PARTY NOT ALLOWED TO RAISE A MATTER ON APPEAL THAT WAS NOT PLEADED AND NOT CONSIDERED BY THE TRIAL JUDGE
Another example of the importance of all issues being properly pleaded can be found in the judgment of Mr Justice Edwin Johnson in Dunya Dervis v Kenan Deniz [2025] EWHC 902 (Ch). The appellant was not allowed, on appeal, to pursue…
THREE VERSIONS OF A BUNDLE MADE THE HEARING SO UNFAIR AS TO REQUIRE A REHEARING
If ever there was a case that emphasised the importance of bundles being checked prior to a hearing we see it here. In RP v Barnsley Metropolitan District Council [2025] UKUT 46 (AAC) Upper Tribunal Judge Edward Jacobs found that…
THE DENTON PRINCIPLES AND EXTENSIONS OF TIME TO APPEAL (AGAIN): DELAYS REQUIRE AN EXPLANATION – NOT A CHRONOLOGY
The judgment of HHJ Karen Walden-Smith in Khan & Anor v Secretary of State for Housing, Communities and Local Government & Anor [2025] EWHC 969 (Admin) is the second example this week of the court considering the Denton principles when…
EXPERT REPORTS AND CONDUCT CONSIDERED IN THE COURTS AGAIN: LEADS TO A DOCTOR BEING ERASED FROM THE REGISTER OF DOCTORS
The judgment in Moodliar v General Medical Council [2025] EWHC 913 (Admin) provides a salutary reminder to medical experts that giving expert evidence is a highly significant task. Failures in the process can lead to erasure from the medical register,…
THE DENTON PRINCIPLES: RELIEF FROM SANCTIONS AND EXTENSIONS OF TIME TO APPEAL: A “NUANCED APPROACH” IS REQUIRED
In Yaxley-Lennon v HM Solicitor General [2025] EWCA Civ 476 the Court of Appeal considered the Denton principles in the context of extending time for permission to appeal. The case emphasises that the absence of a good reason for default…
PROVING THINGS 260: COURT OF APPEAL JUDGMENT ON ADVERSE INFERENCES: “WE REJECT THIS NEW WAY OF PUTTING THE ADVERSE INFERENCE CASE”
I am grateful to David Platt KC for drawing my attention to the Court of Appeal decision in Alexander Johnstone v Fawcett’s Garage (Newbury) Limited [2025] EWCA Civ 467, in particular to the judgment in relation to adverse inferences. The Court of…
COST BITES 227 : THE JUDGE WAS RIGHT TO ORDER THE CLAIMANT TO PAY 80% OF THE COSTS OF TWO APPLICATIONS: DECISION UPHELD ON APPEAL
I am grateful to James Packer of Duncan Lewis for sending me a copy of the judgment of Mrs Justice Hill in Mlundira -v- The Secretary of State for the Home Department [2025] EWHC 189 (KB), a copy of which…
THE JUDGE SHOULD NOT HAVE OVERRIDDEN THE EVIDENCE OF THE (UNCHALLENGED) EXPERT WITNESS: CLAIMANT WAS ENTITLED TO DAMAGES FOR PSYCHIATRIC INJURY
In Sarah Jane Young v John Anthony Downey [2025] EWCA Civ 177 the Court of Appeal sent out another reminder that there are difficulties in trial judges attempting to override the views of expert witnesses. “… in the circumstances…
CLAIMANT ENTITLED TO COSTS TO BE ASSESSED AFTER LATE ACCEPTANCE OF A PART 36 OFFER: EVEN THOUGH FIXED COSTS APPLIED AT THE TIME THE OFFER WAS MADE
I am grateful to barrister Thomas Mason for drawing my attention to the judgment today in Laura Attersley v UK Insurance Limited [2025] EWHC 884 (KB). Mrs Justice Stacey decided that a claimant, who had accepted a Part 36 offer…
VARDY -v- ROONEY: CLAIMANT’S ARGUMENT THAT DEFENDANT HAD BEEN GUILTY OF MISCONDUCT IN COSTS ASSESSMENT FAILS TO CROSS THE LINE
In Rebekah Vardy v Coleen Rooney [2025] EWHC 851 (KB) Mr Justice Cavanagh rejected the claimant’s arguments that the defendant’s solicitors had misconducted themselves improperly and that there should consequently be a disallowance of some of the costs claimed by the…
SERVICE OF THE CLAIM FORM: NO IMPLIED DUTY ON A CLAIMANT TO TAKE STEPS TO ENSURE THAT THE DEFENDANT IS STILL AT THE LAST KNOWN ADDRESS
I am grateful to barrister Anthony Reddiford for sending me a copy of the judgment of HHJ Truman in Aston -v- Tew & Alwyn Insurance Company Ltd [2025] EWCC 20 , a copy of which is available here. Aston -v-…
TIME FOR PERMISSION TO APPEAL: A “SECOND APPEAL”: COURT REFUSES TO GRANT EXTENSION
For the second time this week we are looking at issues relating to extension of time and appeals. In Abbotsley Ltd v Pheasantland Ltd [2025] EWHC 654 (KB) HHJ Karen Walden-Smith provided a timely reminder that a party who wishes…
“A TRAP FOR THE UNWARY”: WHEN DOES TIME FOR APPEALING START TO RUN WHEN A JUDGMENT IS SENT OUT? CLARITY IS ESSENTIAL
The judgment of Mr Justice Hayden in F (A Minor) (Permission To Appeal) [2025] EWHC 638 (Fam) highlights a trap for those seeking permission to appeal. The time for appealing runs from the date that the order was announced and…
COST BITES 222: A “RETROSPECTIVE” CONDITIONAL FEE AGREEMENT WAS STILL VALID AND THE PAYING PARTY HAD TO PAY: COURT OF APPEAL DECISION
In Singh & Ors v Ingram [2025] EWCA Civ 264 the Court of Appeal rejected an argument that a retrospective conditional fee agreement was invalid. The Court was, to say the least, suspicious of argument that the receiving party’s solicitors…
COURT WAS CORRECT TO REFUSE TO GRANT RELIEF FROM SANCTIONS WHO WAS IN DEFAULT (OH, AND THE PROCEEDINGS HAD NEVER BEEN SERVED PROPERLY ANYWAY…)
In Lumsden v Charles [2025] EWCC 7 HHJ Peter Marquand refused a claimant’s application for relief from sanctions. The claimant had issued Part 8 proceedings but failed to serve the witness evidence and particulars with the proceedings by the rules. …
THE CURRENT IMPORTANCE OF PLEADINGS 1: FAILURE TO SERVE A REPLY ALLEGING FORGERY LEADS TO JUDGMENT AT TRIAL BEING SET ASIDE
For some time now I have been meaning to write a series on the numerous issues that arise when cases are not pleaded properly. There are a catalogue of cases where the parties come to court, normally shortly before (sometimes…
ANOTHER CASE INVOLVING BUNDLES: DIFFERENCES IN PAGINATION AND OTHER MISHAPS MEANT THAT A DECISION WAS UNFAIR AND THERE WAS AN ERROR OF LAW
In RP v Barnsley Metropolitan District Council [2025] UKUT 46 (AAC) Edward Jacobs, Upper Tribunal Judge, found that the errors with bundles at a First-Tier Tribunal led to unfairness and amounted to a an error of law. “There were, as…
A QUICK POST ABOUT BUNDLES: THIS WAS “ALMOST UNUSABLE”: “THE INDEX MUST IDENTIFY THE DOCUMENTS CONTAINED”
There is an interesting postscript to the judgment of Judge Anthony Snelson in the case of Soor v Luton Borough Council [2025] UKFTT 259 (GRC). It relates to bundles… … the bundle produced by the Council (over 600 pages long)…
COST BITES 219: DISBURSEMENTS: WHAT IS A REASONABLE AND PROPORTIONAL INTERPRETER’S FEE? THE COURT MUST “HAVE REGARD TO THE MARKET”
In Santiago v Motor Insurers’ Bureau ( The County Court at Central London, 22nd February 2025,available here Santiago v MIB Final)* HHJ Dight CBE considered the issue of what was a reasonable and proportional interpreter’s fee. The case had been…
FINDING OF FUNDAMENTAL DISHONESTY AT TRIAL OVERTURNED ON APPEAL: THE TRIAL JUDGE WAS WRONG TO RELY ON AN INJURY THAT DID NOT FORM PART OF THE CLAIMANT’S PLEADED CASE
I am grateful to Express Solicitors for sending me a copy of the judgment of HHK Baddeley in Robinson -v- UK Insurance Limited, a note that case and of the judgment is available here –Robinson word . HHJ Baddeley was…
APPLICATIONS FOR ANONYMITY ORDERS IN CIVIL CASES INVOLVING CHILDREN: COURT OF APPEAL ADJOURNS HEARING – BUT WHERE ARE WE NOW?
In PMC (a child) v A Local Health Board [2025] EWCA Civ 176 the Court of Appeal adjourned a hearing relating to anonymity orders in civil cases involving children, pending a Supreme Court decision. Some important guidance was given as…
SENSIBLE STEPS TO TAKE WHEN THERE IS NO TRANSCRIPT OF A HEARING AVAILABLE
A very short passage in the judgment of Mr Justice Fancourt in Odhavji v Tighe & Ors [2025] EWHC 372 (Ch) sets out the steps a prudent party should take when a transcript (and sometimes a judgment) cannot be obtained. …
DOES A PROPOSED NEW DEFENDANT HAVE TO BE GIVEN NOTICE OF THE APPLICATION TO JOIN THEM INTO THE ACTION? TWO CONTRASTING VIEWS FROM THE COURT OF APPEAL
In Noel Anthony Clarke v Guardian News & Media Ltd [2025] EWCA Civ 164 the Court of Appeal considered (but did not determine) the question of whether it was mandatory to give notice of the application to join a new defendant to…
COST BITES 218: JUNIOR COUNSEL’S FEES NOT RECOVERABLE IN PRIVY COUNCIL CASE WHERE THE CFA WAS NOT LAWFUL
I am grateful to Andrew Roy KC for sending me a copy of the judgment of Costs Judge Rowley in Ruhumatally v The State of Mauritius & Anor, a copy of the judgment is available here Ruhumatally – reasons. The…
CPR 11 AND THE PRINCIPLES IN HODDINOTT DO NOT APPLY IN A CASE WHERE THE COURT HAS NO JURISDICTION AT ALL: AN INTERESTING JUDGMENT
I am grateful to Elliot Gold, barrister, for sending me a copy of the decision of HHJ Bloom in Davidson -v- The London Centre of Psychodrama, a copy of which is available here DavidsonJudgment. The judge, among other…
WHEN A PARTY CITES, AND RELIES, ON CASE LAW THAT “DOES NOT EXIST” :”A MOST UNHAPPY FEATURE OF THIS CASE”
There is a very unusual element to the judgment of Mr Justice Kerr in Olsen & Anor v Finansiel Stabilitet A/S [2025] EWHC 42 (KB). The appellants, litigants in person, relied on case law that apparently supported their case. That…
AN INSURER CAN CONTINUE AN APPEAL AFTER THE APPELLANT HAS BEEN DISSOLVED: JOIN ITSELF INTO THE ACTION
The Court of Appeal decision in Birley & Anor v Heritage Independent Living Ltd [2025] EWCA Civ 44 also dealt with an interesting point of procedure. The appellant company had been dissolved shortly before the appeal was heard. The Court of…
FAILING TO SERVE THE CLAIM FORM IS NOT AN “ABUSE OF PROCESS” SO AS TO LEAD TO QOCS BEING DISAPPLIED: COURT OF APPEAL DECISION
We are returning to the decision of the Court of Appeal in Court of Appeal in Birley & Anor v Heritage Independent Living Ltd [2025] EWCA Civ 44. The Court upheld a finding that the failure to serve the claim form, or…
AN APPLICATION – AND ORDER – FOR A STAY OF PROCEEDINGS DOES NOT LEAD TO TIME FOR SERVICE OF THE CLAIM FORM BEING EXTENDED: A POINT TO WATCH
It was possible that we could get to the end of January without a claim form case being reported. It was, however, unlikely. A failure to serve was one of the many issues considered by the Court of Appeal in…
ADVOCACY – THE JUDGE’S VIEW XIII: GUIDANCE ON SKELETON ARGUMENTS: “PUT YOURSELF IN THE POSITION OF THE JUDGE”: “DIFFICULT TO READ, DISGUSTING TO TOUCH AND IMPOSSIBLE TO UNDERSTAND. IT IS WORSE THAN NO SKELETON AT ALL”
This post is another in the series of repeats of the series on advocacy. This blog has many posts that record cases where judges have been critical of the contents (and usually length) of skeleton arguments. A remedy for most…
THE IMPORTANCE OF ADVOCATES WORKING WITHIN TIME ESTIMATES: COURT OF APPEAL POLICE THEIR PROCEDURE
In Chief Constable of Northamptonshire Police v Woodcock [2025] EWCA Civ 13 the Court of Appeal considered many significant issues relating to the civil liability of the police force. However this blog, being this blog, will defer consideration of those…
MISCONDUCT IN ASSESSMENT AND REDUCTIONS IN COSTS – A REVIEW OF THE CASES 1: LAHEY -v- PIRELLI TYRES LIMITED
Recent cases on the issue of costs being reduced, or disallowed, due to the conduct of the assessment proceedings have led me to review the cases on this topic. This is the first in a series of posts about the…
SEEKING PERMISSION TO APPEAL: WHEN IS THERE AN “ADJOURNED HEARING”? THE ISSUES CONSIDERED
The question of when a hearing has been adjourned and when time starts running for applying to the trial judge for permission to appeal was considered by Mr Justice Freedman in Mex Group Worldwide Limited v Stewart Owen Ford & Ors [2024]…
JUDGE OVERTURNS NON-PARTY COSTS ORDER AGAINST CLAIMS MANAGEMENT COMPANY: ANOTHER (EXPENSIVE) BATTLE IN THE “NEVER-ENDING WAR”
I am grateful to Navid Hakimmaani, Consultant Solicitor at Collins Benson Goldhill LLP, for sending me a copy of the judgment of HHJ Mark Gargan in Smith -v- AXA Insurance UK PlC & Spectra Drive Limited (24th December 2024), a…
COST BITES 204: A SUCCESS FEE CANNOT BE RECOVERED AS DAMAGES: SUPREME COURT DECISION: “AN ORDER THAT PROVIDES FOR ONE PARTY TO PAY ANOTHER PARTY’S COSTS IS A COSTS ORDER”
In Hirachand v Hirachand & Anor [2024] UKSC 43 the Supreme Court dismissed the idea that an award to a claimant could be increased to take account of the fact that the claimant was liable to pay a success fee…
CLAIMANT IS SUCCESSFUL ON APPEAL, BUT DEFENDANT’S PART 36 OFFER MEANS THAT CLAIMANT PAYS THE COSTS: A REMINDER THAT PART 36 REMAINS IMPORTANT – EVEN AT THE APPEAL STAGE
I am grateful to my colleague Steven Turner for sending me a copy of the Court of Appeal decision on costs in Majid -v- HSF Logistics Polksa AP.ZO., a copy of which is available here CA Decision on Costs (and…
IT IS NEVER TOO LATE IN THE YEAR FOR A NEW CLAIM FORM CASE: COURT OF APPEAL OVERTURN ORDER EXTENDING TIME FOR SERVICE
In Secretary of State for Levelling Up, Housing and Communities v Rogers [2024] EWCA Civ 1554 the Court of Appeal overturned a decision that granted a claimant an extension of time for service of the claim form. The case is…
COURT OF APPEAL FIND THAT CLAIMANT’S ACTION AGAINST “WRONG” DEFENDANT SHOULD NOT HAVE BEEN STRUCK OUT: PERMISSION TO AMEND THE CLAIM SHOULD HAVE BEEN GIVEN
I am grateful to barrister James Patience for sending me a copy of the Court of Appeal judgment in ELYSA ALTON and – POWSZECHNY ZAKLAD UBEZPIECZEN [2024] EWCA Civ 1435. The Court of Appeal upheld the decision of a Circuit…
COST BITES 201: COUNCIL NOT GRANTED PERMISSION TO APPEAL ON “ACADEMIC” POINTS WHERE THE REAL ISSUE WAS ABOUT COSTS
In London Borough of Sutton v Betts [2024] EWCA Civ 1492 the Court of Appeal refused the defendant council’s application for permission to appeal. The claimant tenant had found accommodation and, as between the parties, the points on appeal were…
ITS NOT TOO LATE IN THE YEAR FOR “CLAIM FORM” CASES: JUDGE ALLOWS APPEAL AND GRANTS CLAIMANT EXTENSION OF TIME TO SERVE THE PARTICULARS OF CLAIM: CPR 3.9 & DENTON DID NOT APPLY
I am grateful to solicitor Chris Topping of Broudie Jackson Canter for sending me a copy of the judgment of HHJ Bird in Brown -v- the Chief Constable of Greater Manchester Police (5th December 2024). The judge allowed an appeal against the…
CLAIMANT WAS ENTITLED TO COST OF CAR HIRE DESPITE HIS CAR NOT HAVING A VALID MOT CERTIFICATE: COURT OF APPEAL DECISION TODAY
In the judgment today in Ali v HSF Logistics Polska SP ZOO [2024] EWCA Civ 1479 (04 December 2024) the Court of Appeal overturned a finding that the absence of a MOT Certificate meant that a claimant could not make…
THE SOLICITORS ACT AND CHALLENGING INTERIM BILLS: THE SUPREME COURT HAS REFUSED PERMISSION TO APPEAL IN SIGNATURE LITIGATION
In Signature Litigation LLP v Ivanishvili [2024] EWCA Civ 901 the Court of Appeal upheld an earlier decision of Costs Judge Leonard that a series of bills rendered by the appellant solicitors were not interim statute bills. That meant that the bills, totalling,…
COURT OF APPEAL FIND THAT JUDGE SHOULD NOT HAVE GRANTED RELIEF FROM SANCTION FOLLOWING LATE SERVICE OF THE PARTICULARS OF CLAIM
In the judgment today in Bangs v FM Conway Ltd [2024] EWCA Civ 1461 the Court of Appeal overturned a decision where the claimant had been given relief from sanctions against one defendant following late service of the Particulars of…
DEFAULT AND RELIEF FROM SANCTIONS: ARTICLE 6 IS NOT A TRUMP CARD FOR A LITIGANT IN DEFAULT
In McKnight v Chelsea Football Club Ltd [2024] EWHC 2884 (KB) Mr Justice Saini refused a defendant’s appeal against a decision where he was refused relief from sanctions when a defence had not been filed in time. The judge observed…
EXPERTS, NEW EVIDENCE AND APPEALS: COURT OF APPEAL DOUBT THE RELIABILITY OF AN EXPERT REPORT
The Court of Appeal decision in T (Fresh Evidence on Appeal) [2024] EWCA Civ 1384 is an appeal in a family court case. It contains important observations in relation to attempts to adduce new evidence at the appeal stage. Equally…