USING WHATSAPP AND OTHER MEANS OF COMMUNICATION WITH CLIENTS: THE RISKS CONSIDERED
The previous post looked in detail at the issues in a solicitor and own client assessment caused by the solicitor’s use of WhatsApp. That judgment gives rise to much wider issues in relation to how solicitors communicate with clients. In…
COST BITES 319: WHATSAPP MESSAGES CAN FORM PART OF A SOLICITOR’S FILE: THE DEFENDANT FIRM WAS, THEREFORE, IN BREACH OF A PEREMPTORY ORDER
This case raises highly significant issues for all firms of solicitors. It relates specifically to whether messages sent by WhatsApp form from private phones form part of a solicitor’s file. However the case extends to any type of electronic communication,…
REVIEW OF THE YEAR (4): CLAIM FORM ISSUES – SERVING ON A SOLICITOR WHEN YOU CAN’T AND WHEN YOU MUST: THIS OFTEN CAUSES PROBLEMS…
I am aware of the danger that issues relating to service of the claim form could come to dominate the end of year review. However this arises because of the number of cases considered over the year. What is worrying…
“HALLUCINATIONS” IS NOT A GOOD WORD FOR FALSE CASES GENERATED BY AI: THIS JEOPARDISES THE RULE OF LAW: LESSONS FROM THE COURTS OF OREGON
The issue of the citation of false cases generated by Artificial Intelligence is, it is clear, an international one. Here we have a decision from the Court of Appeals in the State of Oregon. Among other things it challenges the…
REVIEW OF THE YEAR (3): CLAIM FORM ISSUES: SERVICE AT THE “LAST KNOWN ADDRESS” AND THE CLAIMANT’S DUTIES
It may say something that the “Service Points” series started on August 14 this year and there are already 24 posts under that heading. Claim form problems continue to be a prominent issues in the courts. The series started because…
CIVIL PROCEDURE BACK TO BASICS 107: THE IMPORTANCE OF PROVIDING A DRAFT ORDER WITH AN APPLICATION
One important aspect of civil procedure that is often overlooked is the importance of an applicant providing a draft order to the court. As the case we are looking at shows this is not a mere formality. A draft order…
THE CURRENT IMPORTANCE OF PLEADINGS 44: COUNTERCLAIM WAS “INADEQUATELY PLEADED AND ABUSIVE”: DEFENDANT FAILED TO PROPERLY PARTICULARISE ITS CASE
This is a case where the judge agreed with a submission that the counterclaim was “inadequately pleaded and abusive”. The judge held that there was no need to formally strike it out, it failed in any event. There are lessons…
REVIEW OF THE YEAR (2) – THE WORST PART: “HALLUCINATED” CASES IN THE COURTS: HOW IS ARTIFICIAL INTELLIGENCE BEING HANDLED & WHAT DOES THE FUTURE HOLD FOR AI AND LAWYERS?
If I had to pick the most frightening development of the year it is the revelation that parts of the legal profession have been relying on “hallucinated” (that is false) cases they have “found” by using Artificial Intelligence. Here we…
A BREACH OF “PURDAH” OBLIGATIONS WHEN A WITNESS IS GIVING EVIDENCE: MISGUIDED BUT NOT DISHONEST
This is a brief reminder of the importance of the obligations of a witness not to communicate with others (including their own legal team) whilst in the course of giving evidence. “This was obviously ill-advised but I accept that, by…
REVIEW OF THE YEAR 1: WITNESS EVIDENCE WEDNESDAY (ON A SUNDAY): STATEMENTS IN 2025: SHAKESPEARE, MONKEY, HALLUCINATIONS AND WITNESSES ANXIOUS TO GIVE THE JUDGE THEIR “OPINION”
The white book regularly contains a warning about drafting witness statements “Periodically, the Court of Appeal and individual trial judges have criticised lawyers for overloading witness statements with material that should not be included.” This year has seen a…
MAZUR MATTERS 44: THE SRA STATES IT WILL TREAT “SYMPATHETICALLY” SELF-REPORTED INCIDENCES BASED ON MISTAKEN INTERPRETATION OF THE LAW
The SRA updated its guidance on “Mazur and conducting litigation” today. This includes its likely approach to reports of past errors. The SRA states that it will look on such issues “sympathetically”. After all practising lawyers were not the only…
REVISITING THE ISSUES: THAT IMPORTANT DISTINCTION BETWEEN A “NON-ADMISSION” AND A DENIAL IN A DEFENCE: THE KEY CASES CONSIDERED
The post earlier today about the significant difference between a non-admission and denial has led me to revisit previous posts on the case. This post from 2020 which reviewed the case law on the distinction. There are plenty of clear…
THE CURRENT IMPORTANCE OF PLEADINGS 42: THE SIGNIFICANT DIFFERENCE BETWEEN A “NON-ADMISSION” AND A “DENIAL”: DEFENDANT REFUSED PERMISSION TO RELY ON EXPERT EVIDENCE BECAUSE OF THE WAY IN WHICH THE CASE WAS PLEADED
This is the first of two interesting cases today that have been sent in by readers. I am grateful to Rebecca McVety of the Dental Law Partnership for sending me this judgment which deals with pleadings, in particular the very…
ANOTHER “HALLUCINATED” AUTHORITIES CASE: A FALSE CITATION AUTHORED OR REVIEWED BY A LAWYER WITHOUT ATTRIBUTION CAN STILL BE SUBJECT TO REFERENCE FOR MISCONDUCT OR CONTEMPT
The citation of “false” authorities shocked me (and many others) when the cases first started. Now it feels as if they are becoming a commonplace occurrence. They are, however, just as shocking. Here we have a case where the judge…
THE HILLSBOROUGH REPORT AND THE AMENDMENT OF WITNESS STATEMENTS: NEW INFORMATION IN THE IPOC REPORT PUBLISHED YESTERDAY
This blog has looked at the issues relating to evidence gathering and the Hillsborough tragedy several times, in particular the way that witness statements were gathered, and the reports amended. The issues were considered again in the Independent Office for…
WITNESS EVIDENCE WEDNESDAY : DO THE PROVISIONS OF PD57AC APPLY WHERE THE COURT IS TAKING AN ACCOUNT?
Here we are looking at an unusual issue. The court was taking an account following directions of the High Court. One of the witness statements did not comply with PD57AC. The judge had to consider the issue as to whether…
MAZUR MATTERS 43: AN EXAMPLE WHERE SUPERVISION WAS FOUND TO BE INADEQUATE: ACTION BY THE SRA & A FINE OF £30,000
It would be interesting to know what (if any) percentage of the profession read the SRA document “Effective supervision – Guidance” published in November 2022. The Mazur issue was there in plain sight. There is only one practical example given in…
MAZUR COMPLIANT SUPERVISION AND COST EFFECTIVE DELEGATION IN 2025: WEBINAR 5th DECEMBER 2025: “TASKS MAY BE DELEGATED BUT CONDUCT OF THE LITIGATION MAY NOT”
With an appeal pending (at some indefinite time) and the profession still rife with uncertainty we need to consider, head on, issues relating to delegation and supervision. Get this right and you will be part of a well run and…
PROVING THINGS 274: A WITNESS STATEMENT SHOULD NOT BE RESPONSIVE TO AND COMMENT UPON THE OTHER SIDE’S STATEMENTS: FAILURE TO COMPLY HAS CONSEQUENCES
It is surprisingly common to see witness statements that “comment” on aspects of the case rather than give evidence. This clearly breaches the rules relating to witness statements. Further it can lead to adverse consequences for those who make such…
MAZUR MATTERS 41: CILEX GRANTED PERMISSION TO APPEAL THE MAZUR JUDGMENT: BUT WHEN WILL IT BE HEARD?
CILEX have been granted permission to appeal the Mazur judgment. The primary question for the profession now is (i) when will the appeal be heard; (ii) what do we do in the meantime? Mazur remaining good law. (I wish CILEX…
MAZUR MATTERS 40: “A DAMNING INDICTMENT OF REGULATORY FAILURE”: CHAIR OF THE LEGAL SERVICES CONSUMER PANEL PULLS NO PUNCHES…
The chair of the Legal Services Panel has given his strong views about the regulatory failures that the Mazur judgment shows. With descriptions of “a study of regulatory incoherence”; “legal fiction”; “false assurance” and ” the fragmented, incoherent framework that…
PART 35 QUESTIONS AND AGENDAS FOR EXPERT MEETINGS – A GUIDE FOR PRACTITIONERS AND EXPERTS: WEBINAR 3rd DECEMBER 2025
The conduct of experts, and those who instruct them, has featured widely on this blog this year. This webinar looks at two specific issues in relation to expert evidence (i) questions to experts; (ii) the drafting of agendas for expert…
“SECOND APPEALS” FROM THE CIRCUIT JUDGE: WHAT IS THE APPROPRIATE VENUE FOR APPEAL AND WHAT ARE THE CRITERIA APPLIED?
This case reveals a potential trap that would be appellants can fall into when attempting to appeal a decision of a Circuit Judge when that judge heard an appeal from a District Judge. Both the venue for the appeal and…
COMPLIANCE WITH COURT ORDERS, CONTINUING BREACHES AND CONTEMPT OF COURT: AN INDIVIDUAL RESPONDENT WOULD HAVE GONE TO JAIL
This is a judgment which anyone with responsibility for running a legal department, or in a position where “the buck stops here” should read. The Court of Appeal judgment is clear, and damning, in relation to the conduct involved, albeit…
THE CURRENT IMPORTANCE OF PLEADINGS 40: THE CLAIMANT’S CASE ON CAUSATION WAS NOT PLEADED: THE CLAIMANT COULD NOT RELY ON MATTERS SET OUT IN CORRESPONDENCE AS AN ALTERNATIVE TO A PLEADED CASE
This case has plenty of pleading issues, in particular in relation to a failure to plead causation and damages. This is one of many cases we have seen this year where claimants have failed to plead a case on causation….
CONTRIBUTORY NEGLIGENCE AND ACCIDENTS AT WORK: WEBINAR 1ST DECEMBER 2025: CRITICISM USING HINDSIGHT IS EASY BUT DOES NOT NECESSARILY LEAD TO FINDINGS AGAINST A CLAIMANT
This webinar explores the complex area of contributory negligence in employer’s liability cases. It examines how courts approach allegations that an employee’s actions contributed to their own injury, drawing on key case law to illustrate judicial reasoning. Delegates will gain…
THE CURRENT IMPORTANCE OF PLEADINGS 39 : CASE ALLEGING NEGLIGENCE IN PLEADING DISMISSED – BECAUSE IT WAS NOT FULLY PLEADED (AND DID NOT ESTABLISH BREACH IN ANY EVENT)
This is the second time this month that we are looking at the slightly ironic situation of a case alleging negligence in the drafting of a pleading itself being dismissed because it was inadequately pleaded. This judgment highlights the fact…
SERVICE POINTS 24: THE DEFENDANTS’ FAILURE TO DISPUTE JURISDICTION TIMEOUSLY MEANT THAT IT HAD WAIVED ISSUES RELATING TO SERVICE OF THE CLAIM FORM
One of the the issues that has arisen several times this year relates to whether there is an obligation on a defendant, who wishes to dispute the issue of service, to make an application under CPR Part 11. This is…
AND THEY KEEP ON COMING… ANOTHER FALSE CITATIONS CASE: “I RELIED ON THE AI OVERVIEW” FROM GOOGLE
The cases continue to come. Some lawyers are continuing to rely upon artificial intelligence to produce false authorities. Here was a firm of solicitors (defending themselves) who relied on the AI contents of a Google search. Such searches are never…
THE CURRENT IMPORTANCE OF PLEADINGS 38: PARTICULARS OF CLAIM IN A £3,000,000 CLAIM STRUCK OUT: THE COURT USES A “CARROT AND STICK” APPROACH TO DEFECTIVE PLEADINGS
In this case the judge decided that the claimant’s pleaded case was so defective that the entire Particulars of Claim needed to be struck out. It is a working example of how pleadings need to be compliant and cannot be…
ANOTHER FALSE AND “HALLUCINATED” CITATION CASE: A SOLICITOR IS ACCOUNTABLE FOR WORK DONE BY THEIR STAFF: WASTED COSTS ORDER MADE
We have yet another case of “hallucinated” cases caused by artificial “intelligence” being cited in court. These have the capacity to, and indeed do, land lawyers in very hot water. Here false cases were put before the court in an…
SERVICE POINTS 23: THE COURT REFUSES TO RATIFY SERVICE OF THE CLAIM FORM BY EMAIL: “THE RESULTS ARE HARSH BUT THAT IS A NECESSARY CONSEQUENCE OF THE REGIME…”
We could, perhaps, run some kind of charity betting game on whether, and how many, cases there will be on service of the claim form between now and Christmas. The reason for not doing so it because it runs the…
MAZUR MATTERS 39: CILEX APPLIES TO APPEAL MAZUR DECISION
An announcement on the CILEX website today states that it is applying for permission to appeal the decision in Mazur. The argument will be that, the Law Society, The SRA and the High Court construed the Solicitors Act incorrectly. Watch…
SERVICE POINTS 22: AN APPLICATION WAS PROPERLY SERVED WHEN IT WAS SENT BY FIRST CLASS “SIGNED FOR SERVICE”: THE FACT THAT THE RECIPIENT DID NOT COLLECT IT IS NOT RELEVANT
Here we look at a particular point in relation to the service of an application. The application had been sent by first class “signed for” service at an address given for service by the respondents. The respondents did not receive…
SERVICE POINTS 21: VERY STRICT REQUIREMENTS APPLY IF YOU WANT TO AGREE AN EXTENSION OF TIME: THEY HAVE TO BE IN WRITING AND THEY HAVE TO BE TOTALLY CLEAR AS TO DATES…
We are looking at the same case again here, but from a slightly different angle. This relates to written agreements to vary court orders. Firstly the agreements have to be in writing; secondly they have to be totally clear as…
THE SOLICITOR AND THE STING OPERATION (3): THE AGENCY THAT CARRIED OUT A STING OPERATION ON A (RETIRED) JUDGE, AMONG OTHERS…
If you think that the account of enquiry agents carrying out a sting operation on the other side’s solicitor is remarkable then sit down for a while. That judgment also reveals that (in wholly unrelated proceedings) the agency in question…
THE SOLICITOR AND THE STING OPERATION (2): WHY THE JUDGE DID NOT ACCEPT THAT THE CLAIMANTS WERE UNAWARE OF THE STRATEGY BEING USED
We are returning again to the case where the claimants arranged the taping of meetings with the defendants’ solicitors. The judge was sceptical of the claimants’ assertions that they were not fully aware of the methods being used. (This case…
SERVICE POINTS 20: ANOTHER ACTION FAILS BECAUSE OF NON-SERVICE OF THE CLAIM FORM: A REMINDER THAT CPR 7(6) IS VERY STRICT: THE COURT WOULD NOT IMPLY AN AGREEMENT FOR AN EXTENSION OF THE TIME FOR SERVICE
The sheer number of cases on mis-service of the claim form this year indicate that, in all litigator’s offices, there should be large signs that state “serve the claim form properly and on time”. Today we are looking at another…
THE SOLICITOR AND THE “STING” OPERATION (1): THE METHODS USED TO EXTRACT INFORMATION FROM THE SOLICITOR: “HE WAS DECEIVED AND PLAYED FOR A FOOL…”
A party to an action hires an enquiry agent to deceive their opponent’s solicitor into giving them information. That scenario may seem far fetched but it is what actually happened in this this case. It is worthwhile looking closely at…
SERVICE POINTS 19: THE DEFENDANT WAS ALLOWED TO DISPUTE JURISDICTION DESPITE NOT USING PART 11 (AND, PERHAPS, A WORKING EXAMPLE OF WHY LITIGATORS NEED TO READ THIS BLOG…)
We are looking at another claim form case. This time the issue related to whether the defendant had made the correct application and, if it had not, whether it was prevented from arguing the court did not have jurisdiction. What…
THE DEFENDANTS’ SOLICITOR HAS BEEN “SET UP”, SECRETLY RECORDED AND TOLD US THINGS HE SHOULD NOT: NOW WE WANT SUMMARY JUDGMENT BASED ON THOSE RECORDINGS: QUITE A CASE THIS…
Here we have an extraordinary case. The claimants’ employed a private enquiry agent to meet, on a pretence, with the defendants’ solicitor. That meeting was used by the enquiry agent to obtain information about the defendants’ case. It was videoed…
MAZUR MATTERS 38: THE GUIDANCE FROM THE SOLICITORS REGULATION AUTHORITY: “MAZUR AND CONDUCTING LITIGATION”
The SRA have a specific page which, in turn, provides links to SRA guidance and the Legal Services Act, itself. These are useful links. They include a link to the SRA submissions in the Mazur case itself. “The Legal…
CONTRIBUTORY NEGLIGENCE: A SERIES OF THREE WEBINARS THAT LOOK AT THE LAW AND PRACTICE IN DETAIL
Contributory negligence is one of the “Cinderella” subjects of legal practice. It is often alleged and often conceded. However the underlying principles that the courts apply are rarely looked at, let alone systematically. This is an important area because –…
CONTEMPT OF COURT (3): DOES THE ABSENCE OF A PENAL NOTICE PREVENT COMMITTAL PROCEEDINGS? ARE THERE TWO TIERS OF COURT ORDER? THE COURT OF APPEAL HAS STRONG VIEWS…
Does the absence of a penal notice on a court order mean that a party in default cannot be subject to committal proceedings? This was the question addressed by the Court of Appeal in this case. The possibility that litigants…
CONTEMPT OF COURT (2): THE CHIEF CONSTABLE IS THE PERSON WHO COPS IT
We are continuing with the examination of the recent Court of Appeal decision on contempt of court. In particular who is the entity in “contempt”? This may have far reaching consequences, as well as being specific to the actions of…
MAZUR MATTERS 37: USEFUL LINKS: NEW GUIDANCE FROM THE LAW SOCIETY
The Law Society has earlier issued two new documents which are guides to Mazur. One is outside a paywall, the other is not. “Mazur – answering your questions” deals with many key issues. (Links are important on this topic -…
EXPERTS IN THE COURTS IN 2025: THE CASES (AND THE LESSONS) CONSIDERED IN A WEBINAR ON THE 20th NOVEMBER 2025
This has been quite a year for experts in the courts. All kinds of mistakes and errors have been reported upon. These are expensive issues for litigants and sometimes for the experts involved. This webinar looks at cases relating to…
CONTEMPT OF COURT (1) CONTEMPT NEED NOT BE “CONTUMELIOUS” (WHATEVER THAT MEANS): WHY CHIEF CONSTABLES, CHIEF EXECUTIVES, MINISTERS OF STATE AND BOSSES EVERYWHERE NEED TO PAY CLOSE ATTENTION TO LITIGATION
I am breaking down this important Court of Appeal decision into a number of parts. We have already looked at the judgment as to the numerous “misleading” witness statements that were filed. The Court of Appeal also makes important observations…
WITNESS EVIDENCE WEDNESDAY: “MISLEADING AND UNTRUE STATEMENTS… HAVE BEEN MADE TO THE COURT ON BEHALF OF THE CHIEF CONSTABLE” (COURT OF APPEAL ARE NOT HAPPY…)
This week we are looking at a remarkable case. Shortly before a matter was due to be heard in the Court of Appeal the respondent (the Chief Constable of a police force) filed documents which showed that numerous witness statements…
APPEAL STRUCK OUT BECAUSE OF APPELLANTS’ FAILURE TO FILE A COMPLIANT BUNDLE: RELIEF FROM SANCTIONS REFUSED
All those involved in the appeal process, indeed litigation generally, are best advised to read this judgment. It is about the standard the court’s expect when an appeal is being brought. It is also about procedural failures and failures to…
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