JUDGE DOES NOT ALLOW A WITNESS TO GIVE EVIDENCE IN A PROFESSIONAL NEGLIGENCE CASE: IT CONTAINED “INADMISSIBLE AND IRRELEVANT EVIDENCE” THAT “ATTEMPTS TO USURP MY ROLE IN A CASE”
In Russell v Coulter (Rev1) [2025] EWHC 493 (KB) Mr Justice Saini disallowed the calling of a witness that the claimant planned to call in an action for professional negligence. The witness statement relied upon contained opinion and inadmissible commentary. …
THIS SKELETON ARGUMENT IS FAR TOO LONG, DOES NOT COMPLY WITH THE RULES – AND ISN’T GOING TO BE ADMITTED
In Henderson & Jones Ltd & Ors v Grange Heating Services Ltd & Ors (COSTS) [2024] EWHC 3572 (TCC) Adrian Williamson KC (sitting as a High Court Judge) refused to admit a “skeleton” argument that was too long and did…
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…
THIS CASE SHOULD HAVE BEEN ISSUED IN CARDIFF; HEARD IN THE COUNTY COURT AND THERE SHOULD HAVE BEEN A SPLIT TRIAL: HIGH COURT ISSUES A WARNING
We are returning to the judgment of Mr Justice Cotter in Boyd v Hughes [2025] EWHC 435 (KB). At the conclusion of the judgment there is a very clear warning that this case: (i) should not have been issued in the…
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)…
THE DUTY OF FAIR PRESENTATION AT WITHOUT NOTICE HEARINGS: FREEZING ORDER TURNED INTO SLUSH…
In J&J Snack Foods Corporation & Anor v Ralph Peters & Sons Limited & Anor [2025] EWHC 436 (Ch) Mr Justice Fancourt set aside an injunction that had been obtained without notice. The case is an object lesson in the need…
INTERIM PAYMENTS WHERE ONLY 50% OF DAMAGES ARE LIKELY TO BE RECOVERED: IS A HEAD OF FUTURE LOSS LIKELY TO BE CAPITALISED?
In Lexi-Rae Speirs v St Georges University Hospitals NHS Foundation Trust [2025] EWHC 337 (KB) Senior Master Cook considered the question of how the court should approach an application for an interim payment in a case where the claimant was only…
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…
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…
A WITNESS STATEMENT IS FOR EVIDENCE AND NOT SUBMISSIONS (SOMETHING THIS BLOG HAS OBSERVED MANY TIMES IN THE PAST…)
We are returning to the judgment of Senior Master Cook in Lexi-Rae Speirs v St Georges University Hospitals NHS Foundation Trust [2025] EWHC 337 (KB). The Master observed that the witness evidence served in support of the claimant’s application went…
A PARTY CAN’T REALLY OBJECT THAT EVIDENCE IN RESPONSE IS SERVED LATE: WHEN THIS INVOLVES THE RESPONSE BEING SERVED BEFORE THE EVIDENCE IS RECEIVED…
In Lexi-Rae Speirs v St Georges University Hospitals NHS Foundation Trust [2025] EWHC 337 (KB) Senior Master Cook considered an argument that the defendant’s evidence should not be admitted because it was served late. The fundamental problem with the claimant’s submission…
CONTENTS OF WITNESS STATEMENTS AND DOCUMENTS IN EMPLOYMENT TRIBUNAL GIVE RISE TO A PRIMA FACIE CASE OF CONTEMPT OF COURT
In Commerzbank Ag v Ajao [2024] EWHC 3168 (KB) Ms Justice Eady gave permission to bring committal proceedings on the basis of evidence that had been used before the Employment Tribunal. The case is a reminder that making witness statements,…
WASTED COSTS ORDER MADE AGAINST FIRM OF SOLICITORS FOR FAILING TO INSTRUCT COUNSEL TO ATTEND A HEARING
In A Father v A Mother [2025] EWHC 364 (Fam) Ms H Markham KC, sitting as Deputy High Court judge, made a wasted costs order against a firm of solicitors. The solicitors had failed to take steps to ensure that…
EMAIL SERVICE ON SOLICITORS THAT HAD ACTED IN OTHER PROCEEDINGS WAS NOT GOOD SERVICE
In Kostakopoulou v University of Warwick & Ors [2025] EWHC 342 (KB) Mr Justice Bourne considered issues relating to service of the defendants by email. He held that, in the absence of express consent to accept proceedings by email in…
SERVICE ON A SOLICITOR WAS NOT GOOD SERVICE: A PARTY DOES NOT NECESSARILY ACCEPT SOLICITOR SERVICE FOR ALL PURPOSES
In Deutsche Bank AG v Sebastian Holdings Inc & Anor [2025] EWHC 283 (Comm) Mrs Justice Cockerill found that an application had not been properly served. The applicant had served the respondent on solicitors who had acted for him in…
THE COURT SETS ASIDE AN ORDER EXTENDING TIME FOR SERVICE OF THE CLAIM FORM: ACTION AGAINST THAT DEFENDANT DISMISSED
One of the issues considered by Mrs Justice Bacon in Vauxhall Motors Ltd & Ors v Denso Automotive UK Ltd & Ors [2025] EWHC 213 (Ch) was whether an order extending time for service of the claim form should be…
THE IMPORTANCE OF ADEQUATE TIME ESTIMATES: THE COURT COULD APPLY SANCTIONS “POUR ENCOURAGER LES AUTRES”
We are considering the issue of adequate time estimates for the second time this year. We are also revisiting the judgment of Deputy Costs Judge Roy KC in Christodoulides v CP Christou LLP [2025] EWHC 214 (SCCO), however this time on…
COST BITES 215: NON-COMPLIANT POINTS OF DISPUTE STRUCK OUT – BUT THE COMPLIANT PARTS REMAIN.
In Christodoulides v CP Christou LLP [2025] EWHC 214 (SCCO) Deputy Costs Judge Roy KC considered the appropriate approach were part of the Points of Dispute to a bill of costs were non-compliant. He held that the appropriate course of…
THE COURT DOES NOT HAVE POWER TO STRIKE OUT AN ORDER FOR AN ACCOUNT: AN APPLICATION THAT WAS “ILL JUDGED” AND “PUT FORWARD UNDER A JURISDICTION WHICH THE COURT PLAINLY DOES NOT HAVE”
In Hubbard & Anor v Hubbard & Anor [2024] EWHC 3123 (Ch) Master Marsh (sitting in retirement) rejected a defendant’s application to strike out a claim for an account and for summary judgment for the defendant. The court had no…
THIS CASE IS STAYING IN LONDON: (IT TOOK FROM 2ND JULY 2024 TO 14TH JANUARY 2025 FOR SUBMISSIONS TO BE PLACED BEFORE A JUDGE)
Since I wrote about a decision transferring Administrative Court proceedings to Leeds it is appropriate that we look at a decision today ordering that the proceedings stay in London despite it having closer ties to Manchester. In Weis, R (On…
AN UNUSUAL SERVICE OF THE CLAIM FORM CASE: COURT GRANTS AN EXTENSION OF TIME IN JUDICIAL REVIEW PROCEEDINGS AGAINST THE CORONER
In Whittle v HM Coroner for North West Wales [2025] EWHC 236 (Admin) the Administrative Court dealt with an issue relating to failure to serve the claim form in time. The Court found a solution. However the judgment is important…
THIS ACTION IS GOING TO YORKSHIRE: CHOICE OF LONDON LAWYERS DOES NOT DRIVE CHOICE OF VENUE
In SK Enterprises (UK) Ltd, R (On the Application Of) v Secretary of State for the Home Department (Re Determination as to Venue) [2025] EWHC 237 (Admin) Mrs Justice Hill held that an action in the Administrative Court should be…
FUNDAMENTAL DISHONESTY AND “WITHOUT PREJUDICE” CORRESPONDENCE: JUDGE HOLDS THAT CLAIMANT’S OFFER OF SETTLEMENT WAS ADMISSIBLE
In Morris v Williams [2025] EWHC 218 (KB) District Judge Dodsworth considered the question of whether a letter from the claimant’s former solicitor, which contained proposals by the claimant to settle allegations of fundamental dishonesty, could be adduced as evidence. …
SERVICE OF THE CLAIM FORM: THE CORRECT ADDRESS ON THE ENVELOPE AND THE “LAST KNOWN RESIDENCE” CONSIDERED BY THE HIGH COURT
In Xenfin Fund 1 Trading Ltd v GFG Ltd & Ors [2025] EWHC 172 (Ch) Joanna Wicks KC (sitting as a Deputy High Court Judge) considered two issues relating to service of the claim form. Firstly whether a slightly wrong…
ADVOCACY THE JUDGE’S VIEW XV: REMEMBER JUDGES MAY BE TALKING ABOUT YOU: ADVICE FROM THE STREETS OF SAN FRANCISCO
Here we look at an interview with San Francisco Superior Court Judge, Curtis Karnow. The interview was about a book the judge had written “Litigation in Practice“, which is available in the UK. The original interview by is Ros Todd. As…
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…
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…
COST BITES 213: HOW DOES THE COURT APPROACH ASSESSMENT WHEN COSTS ARE DEDUCTED FROM THE CLIENT’S DAMAGES
We are returning, for the final post (for the time being at least) to the judgment of Cost Judge Rowley in Perrett v Wolferstans LLP [2025] EWHC 68 (SCCO). The judge considered the question of how the costs should be…
INSURER FAILS IN COMMITTAL PROCEEDINGS AFTER A COURT HAD EARLIER MADE FINDINGS OF FUNDAMENTAL DISHONESTY TO THE CRIMINAL STANDARD: MANY TROUBLING THINGS HERE
In Aviva Insurance Ltd v Nadeem & Anor [2024] EWHC 3445 (KB) HHJ Tindal (sitting as Judge of the High Court) dismissed an action for committal against someone who had been found to be fundamentally dishonest at a personal injury…
COST BITES 211: THE ASSESSMENT OF COSTS: LARGE ELEMENTS OF POINTS OF DISPUTE STRUCK OUT BECAUSE OF INADEQUATE PARTICULARISATION
In St Francis Group 1 Ltd & Ors v Kelly & Anor [2025] EWHC 125 (SCCO) Costs Judge Leonard struck out large parts of a defendant’s Points of Dispute. The Points of Dispute were inadequately particularised. The judgment contains an…
COST BITES 210: INTERIM BILLS WERE NOT STATUTE BILLS: THE CLIENT HAS THE RIGHT TO AN ASSESSMENT OF THE FINAL BILL: “SPECIAL CIRCUMSTANCES” CONSIDERED
I am grateful to barrister Thomas Mason for drawing my attention to the judgment of Senior Costs Judge Gordon-Saker in Topalsson GmbH v CMS Cameron McKenna Nabarro Olswang LLP [2025] EWHC 118 (SCCO). The judge determined that a series of…
EXTRAORDINARY CONDUCT WHICH LED TO SOLICITOR’S UNLAWFUL DEDUCTION FROM A PROTECT PARTY’S DAMAGES: JUDGMENT FROM THE SCCO
In AKS v National Farmers Union Mutual Insurance Society Ltd [2025] EWHC 126 (SCCO) Costs Judge Leonard recounted an extraordinary set of facts where a solicitor had wrongly deducted sums from their client’s damages. The judgment shows that this issue…
ADVOCACY – THE JUDGE’S VIEW XIV: “RAMBO TACTICS” DO NOT WORK (NEITHER DO THREATENING YOUR OPPONENT WITH A PROCTOLOGY EXAMINATION OR MAKING FACES AT THE JUDGE…)
Continuing with revisiting guidance from judges in relation to advocacy. Here I advocate (hopefully in a civil way) learning from one judgment. That is the judgment of District Judge Chin in the extraordinary case of Revson -v- Cinque & Cinque in…
TERMS OF SETTLEMENT WITH OTHER CLAIMANTS INADMISSIBLE AT TRIAL: “THE NEED TO PROMOTE THE POLICY TO ENCOURAGE SETTLEMENT IN ALL CASES”
In Omanovic v Shamaazi Ltd & Anor [2025] EWHC 110 (KB) Mr Justice Martin Spencer granted the defendants’ application that the terms of settlement with two claimants were inadmissible in the trial of the remaining claimant. On the facts of…
COST BITES 209: A CLIENT’S CHALLENGE TO THE DEDUCTION OF THEIR OWN SOLICITOR’S COSTS WAS THIS A CFA OR A DBA: WAS THE SOLICITOR OBLIGED TO OFFER A DBA?
We are continuing with the examination of the judgment of Cost Judge Rowley Perrett v Wolferstans LLP [2025] EWHC 68 (SCCO). Here the judge considered (and rejected) that claimant’s [former client’s] argument that the CFA entered into with the solicitor was…
COURT REFUSES PERMISSION TO RELY ON EXPERT EVIDENCE: AN “INAPPROPRIATE DISTRACTION”: A REPORT WAS “IN FACT LEGAL ARGUMENTS DRESSED UP AS ECONOMIC EXPERTISE”
In Kington SARL v Thames Water Utilities Holdings Ltd (Rev1) [2025] EWHC 84 (Ch) Mr Justice Trower rejected the applicant’s application to rely on expert evidence. The proposed expert report was to “uncertain” and, in any event, unlikely to assist…
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…
COST BITES 207: THE BREAKDOWN OF EXPERT FEES WHEN AN AGENCY IS INVOLVED (AGAIN): THE RECEIVING PARTY, APPLES AND PEARS AND AN ELECTION HAS TO BE MADE
In JXX v Archibald [2025] EWHC 69 (SCCO) Costs Judge Rowley considered the – much debated and litigated – issue of whether there needs to be breakdown of an expert’s fee when the expert is instructed through an agency. The…
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…
COST BITES 206: THE COURT WOULD NOT MAKE A SUBSTANTIAL ORDER FOR COSTS WHEN AN AMENDMENT TO A REPLY ABANDONS AN ALLEGATION OF FRAUD: (ALSO THE DANGERS OF PLEADING FRAUD WITHOUT SUBSTANTIVE EVIDENCE TO SUPPORT THIS)
In Packer v Packer [2025] EWHC 27 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) considered issues of costs after a claimant had amended a Reply to withdraw an allegation of fraud. The judge did not accept the…
CAN A CLAIMANT WHO HAS ISSUED PART 8 PROCEEDINGS FOR APPROVAL OF AN INTERIM PAYMENT BE COMPELLED TO TRANSFER THE ACTION TO PART 7: THE COURT THINKS NOT
I am grateful to Chris Barnes KC for allowing me to rely on his note of a post he put on LinkedIn yesterday. It relates to the question of whether a court can “convert” Part 8 proceedings issued for the…
COURT GRANTS DEFENDANT’S APPLICATION FOR AN ADJOURNMENT DUE TO THE ILLNESS OF LEADING COUNSEL
In Manchester Property Development Holdings & Anor v Kuit Steinart Levy LLP [2025] EWHC 35 (Comm) Dame Clare Moulder DBE granted the defendant’s application for an adjournment of an imminent trial because Leading Counsel became unexpectedly ill. There was insufficient…
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…
ADVOCACY THE JUDGE’S VIEW XII: BEING PERSUASIVE – SIMPLE IS BEST: “CONVOLUTED ARGUMENTS ARE SLEEPING PILLS ON PAPER”
This post revisits the detailed article by Judge Stephen J. Dwyer, Leonard J. Feldman & Ryan P. McBridet called “How to Write, Edit, and Review Persuasive Briefs: Seven Guidelines from One Judge and Two Lawyers”. Remember the purpose of this…
ADVOCACY THE JUDGE’S VIEW XI: ADVOCACY BEFORE THE MASTERS: YOU ARE DEALING WITH EXPERTS AND TIMING IS IMPORTANT
Today we are revisiting an article by Master David Cook “Advocacy before the QB Masters – Some Do’s and Dont’s” and it reminded me why I wrote the original series. These are invaluable sources of advice and information. Appearing before Masters…
COST BITES 205: THE COURT CAN CHANGE ITS MIND AFTER MAKING AN ORDER ON THE PAPERS: THE DANGERS OF “ETERNAL GAMES OF PING PONG”
In Smith v McAlpine [2024] EWHC 3408 (KB) Senior Master Cook varied an order for costs that had been made after an application had been considered on the papers. After considering further submissions he found that his original order, that…
BITCOINS IN THE TIP: DEFENDANT COUNCIL GRANTED SUMMARY JUDGMENT: CLAIMANT’S ARGUMENT ON LIMITATION DESCRIBED AS “DESPERATE”
In Howells v Newport City Council [2025] EWHC 22 (Ch) HHJ Keyser KC granted summary judgment to the defendant council in an unusual case. The claimant was seeking to recover a computer hard drive which had been put in the…
MAKING AN APPLICATION FOR RELIEF FROM SANCTIONS? 10 KEY POINTS TO HELP
Periodically I revisit posts on this blog to see whether they remain of relevance – this post (from January 2016) does. It sets out ten key points in making an application for relief from sanctions. Every point made nine years…
SUMMARY JUDGMENT, PART 8 PROCEEDINGS AND THE FILING OF WITNESS EVIDENCE
In Director of Public Prosecutions v Surin [2025] EWHC 10 (KB) Mr Justice Mould considered issues relating to the service of witness evidence by the defendant in the claimant’s application for summary judgment. The unusual element of this action was…
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…
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