EXPERT WATCH 56: A SECTION OF A JUDGMENT THAT SPECIFICALLY CRITICISES A MEDICAL EXPERT: “I WAS STRUCK BY THE ABSENCE OF A RIGOROUS AND CAREFUL MULTIDISCPLINARY APPROACH TO THIS ISSUES IN THIS CASE”
One of the fascinating things about procedure is how the same principles apply across a whole range of cases. This is particularly the case with issues relating to evidence, particularly expert evidence. Earlier we looked at expert evidence in relation…
WHERE THINGS GO WRONG IN LITIGATION (AND STOPPING IT HAPPENING TO YOU) 4: NOT-SERVING PROPERLY; OBTAINING DEFAULT JUDGEMENT INCORRECTLY AND SUING A PARTY WRONGLY: A LOT OF LESSONS HERE
This post assumes that you have read post on this case earlier today. A claimant’s solicitor made a whole series of errors which led to the case being struck out against two defendants. We continue our series on what went…
SERVICE POINTS 48 : A DEFAULT JUDGMENT IN THE FIRST ACTION (AGAINST A DEFENDANT WHO WAS NEVER SERVED) LEADS TO A SECOND ACTION BEING STRUCK OUT
This is a sorry tale. Someone who may have had a perfectly good claim for damages for personal injury has their case struck out because of procedural mishaps by their own solicitors. It all stems from a failure to serve…
BACK TO BASICS MONDAY (2): A SERIES OF CHECKLISTS TO HELP YOU WITH DRAFTING STATEMENTS FOR “CORPORATE” CLIENTS: THE SOURCE OF INFORMATION AND BELIEF
The normal post on back to basics came out a day early (due to an “administrative” error). However it does give us a chance to revisit the practical implications when a litigator has to draft a witness statement on behalf…
BACK TO BASICS MONDAY: GIVING THE SOURCE OF INFORMATION IN A WITNESS STATEMENT WHEN THERE IS A CORPORATE CLIENT: PROBLEMS KEEP OCCURRING
Today we are looking at what is a common issue, and common mistake, when someone makes a witness statement for, or on behalf of a corporate client. The CPR expressly provides that a witness must state the source of “information…
COST BITES 409: A PART 36 CASE TO FINISH OFF THE WEEK: CLAIM £8.4 MILLION GET £102,000 (HAVING TURNED DOWN AN OFFER OF £3.175 MILLION): IT IS NOT “UNJUST” FOR THE CLAIMANT TO FACE TO NORMAL PART 36 CONSEQUENCES, NOR WOULD THE COURT “PICK AND CHOOSE” IN RELATION TO THE COSTS PAYABLE
If ever a case served as a warning to the risks of litigation it is this one. The claimant sought damages of up to £8.4 million but obtained judgment of £102,000. This turned out to be expensive litigation, with the…
A SOLICITOR SHOULD JUST NOT BE SAYING THIS IN A WITNESS STATEMENT: IT “STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE…”
There are numerous cases reported on this blog where judges have been critical of the “evidence” given by solicitors in witness statements. In many cases, even on cursory examination, it transpires that the lawyer is not in a position to…
COST BITES 407: COURT OF APPEAL OVERTURNS DECISION STRIKING OUT POINTS OF DISPUTE BECAUSE OF NON-AINSWORTH COMPLIANCE: JUDGMENT GIVEN TODAY
In this case the Court of Appeal overturned a decision, itself made on appeal, which had struck out a crucial paragraph of Points of Dispute to a bill of costs. The crucial point here, however, is that this is not…
THE COURT WAS WRONG NOT TO STRIKE THE DEFENCE OUT: A FAILURE TO DISPUTE A POINT IN THE JERSEY COURTS MEANT IT WAS NOT OPEN TO A DEFENDANT TO ARGUE IT IN A SECOND ACTION
This is a case where, on appeal, it was held that it was not open to a defendant to bring an action because they had already had the ability to raise issues with a court in Jersey. The judge held…
ADVOCACY – THE JUDGE’S VIEW: LOOKING AT SERIES 2: AND WHY THIS APPLIES TO ALL LITIGATORS… (INCLUDING THAT REGULAR MISSIVE THAT YOU SHOULD NOT THREATEN YOUR OPPONENT WITH A PROCTOLOGY EXAMINATION..)
I will soon be starting a new series on “Advocacy – the Judge’s view”. This draws on the principle that whilst judges are the advocate’s clients they are their “consumers” so to speak. Before that it is useful to remind…
ARTIFICIAL INTELLIGENCE AND LITIGATION: AN UPDATE ON CONSULTATION FINDINGS FROM THE CIVIL JUSTICE COUNCIL
The Civil Justice Council is carrying out a Consultation on the Use of AI for the preparation of court documents. It published an update on its consultation findings yesterday. The preliminary view appears to be that the use of AI…
WITNESS EVIDENCE WEDNESDAY 2: A CHECKLIST FOR THOSE CALLED UP TO PREPARE WITNESS STATEMENTS IN A “FAREPAK” TYPE SCENARIO
The previous post contained a review of the judge’s comments in the Farepak case. The judicial observations that witness statements are often misused and misunderstood is one of an extremely large number of such observations. (The “Related Posts” section below…
WITNESS EVIDENCE WEDNESDAY: THE CASE WHERE THE GOVERNMENT’S WITNESS EVIDENCE WAS SO BAD THAT IT WITHDREW THE CASE BEFORE THE RESPONDENTS GAVE EVIDENCE: WHY THE PRINCIPLES RELATING TO WITNESS EVIDENCE NEED TO BE UNDERSTOOD
Recent posts have revisited the age-old problem of witness statements being misused. They often contain argument and comment. For that reason we are revisiting the observations of Mr Justice Smith in the Farepak case farepak-judges-statement. It presents an object lesson…
WHERE THINGS GO WRONG IN LITIGATION (AND STOPPING IT HAPPENING TO YOU 3): ADVISING A CLIENT THAT IF THEY DISCONTINUE THEN THEY CAN’T COME BACK
We are again looking at the lessons that practitioners can learn from a Legal Ombudsman decision. This time it relates to the need to explain the consequences of taking a procedural step. The point here is that many matters that…
WHERE THINGS WENT WRONG IN LITIGATION (AND STOPPING IT HAPPENING TO YOU) 2: ADVISING A CLIENT THAT THEY ARE NOT LIABLE FOR COSTS BECAUSE PROCEEDINGS HAVE NOT BEEN SERVED
This post arises out of the previous post in the series. However here I want to concentrate on one issue arising out of this. The claimant’s solicitors appear to have advised the claimant that they would not be liable to…
DAMAGES IN ANTICIPATION OF DEATH AND LOSSES PRIOR TO DEATH 2026: WEBINAR 2nd JULY 2026
Not all fatal claims fall neatly under the Fatal Accidents Act 1976 framework or the general rules of personal injury damages. This is an area where practitioners have to act with great sensitivity but also where a detailed knowledge of…
WHERE THINGS WENT WRONG IN LITIGATION (AND STOPPING IT HAPPENING TO YOU) 1: COSTS ADVICE ON DISCONTINUANCE
This series is about examining cases where things went wrong for litigators and what readers can do to avoid this happening to them. The aim is not to criticise those who make mistakes but to use their experience to prevent…
MEMBER NEWS: RENEWALS ARE GOING THROUGH SMOOTHLY – IF YOU ARE HAVING PROBLEMS THIS MAY HELP
The renewal process has being going through smoothly for most people. There are a few issues. Her we look at renewal notices, some issues with renewal and card payments, upgrading accounts and a reminder that a Corporate Account always…
THE CURRENT IMPORTANCE OF PLEADINGS 84 : DEFENCE STRUCK OUT “THE SMALL PARTS OF THE PLEADINGS THAT DO ADDRESS THE CLAIMANT’S CARE ARE LIKE TINY ISLANDS LOST IN A VAST OCEAN OF IRRELEVANCE”
This is a case where the judge had no hesitation in striking out both a defence and counterclaim. The counterclaim had no prospect of success, the defence breached every rule and principle relating to statements of case. The judge, helpfully,…
BACK TO BASICS MONDAY: WHEN A RULE OR AN ORDER PRESCRIBES A PAGE LIMIT TO A WITNESS STATEMENT – THEN YOU’D BETTER STICK TO IT: THE COURT IS UNLIKELY TO CONDONE “FORENSIC CHEATING”
Here we are, with no apology, looking at the same case in the earlier post again. The earlier post dealt with the issue of relief from sanction. Here I want to concentrate on the litigant’s deliberate decision to breach the…
RELIEF FROM SANCTIONS: AS STRONGLY WORDED A REFUSAL AS I HAVE SEEN: THE CONCEPT “DOES NOT EMBODY A PRINCIPLE OF “BREACH NOW REPENT LATER”
Here we look at a strongly worded judgment where relief from sanctions was refused. A party had exceeded the page limit set by court directions and also served the statement late. The judge dismissed the arguments that the other side…
CHILDREN AND FATAL ACCIDENT LITIGATION 2026: WEBINAR 30th JUNE 2026
Fatal accident claims involving children present unique and sensitive legal challenges for practitioners. This webinar examines claims brought on behalf of children as well as claims arising from the death of a child, highlighting the procedural, evidential, and dependency issues…
THE WEBINAR ON THE SRA GUIDANCE ON EFFECTIVE SUPERVISION: WHAT LITIGATION FIRMS NEED TO KNOW: TOGETHER WITH LOTS OF CHECKLISTS AND TEMPLATESNOW AVAILABLE “ON DEMAND”
For those who could not make the live broadcast yesterday the webinar is available “on demand”. Viewers also receive copies of a series of checklists and guides to compliance. Including A general Supervision Checklist The Litigation Supervisor Checklist The Supervised…
THROWBACK FRIDAY: THIRTEEN YEARS OF BLOGGING (JUNE 2013): THE TEENAGE YEARS ARE STARTING…
Today we look at the posts from June 2013, that is the month that Civil Litigation Brief first started as a blog (24th June 2013). Prior to that it had been a monthly (and when the Civil Procedure Rules were…
AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (3): THE DENTON CRITERIA CONSIDERED
An application to set aside a properly obtained default judgment requires the court to consider a number of factors. Having considered whether there are “real prospects” of successfully defending the claim and the issue of promptness the court then goes…
AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (2): CONSIDERATION OF “PROMPTNESS” WHEN NOTHING HAPPENED FOR A YEAR…
We are continuing our examination of the High Court judgment yesterday about setting aside a default judgment. Here the judge considered the question of “promptness” in circumstances where the default judgment had been entered for a year before the application…
THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION 6: WHAT IS MEANT BY THE “CONDUCT OF LITIGATION”? (IT TURNS OUT ITS A MATTER OF “PROFESSIONAL JUDGMENT”)
Knowing what the “conduct of litigation” means is an essential piece of knowledge for all litigators. If you allow “unauthorised” persons to conduct litigation then you (and they) are committing a criminal offence (and you are also in contempt of…
WITNESS EVIDENCE WEDNESDAY: EVIDENCE BY VIDEO LINK FROM ABROAD: A POINT TO WATCH : SOME USEFUL GUIDANCE AND PRACTICAL STEPS
There are several cases where the courts have observed that attempts to allow a witness to give evidence from abroad are not, in fact, legal. This was highlighted in a judgment yesterday. Some countries have particular rules governing the taking…
THE COURT OF APPEAL OVERTURNS A JUDICIAL REVIEW DECISION IN FAVOUR OF A SOLICITOR: THE OMBUDSMAN GOT NOTHING WRONG (QUITE A LOT HERE ABOUT VULNERABLE CLIENTS AS WELL…)
In a judgment today the Court of Appeal have overturned a High Court decision that was (partially) in favour of a solicitor who had sought judicial review of a decision of the Legal Ombudsman. The Court has restored the Ombudsman’s…
DEEPFAKES AND THE LAWYER: SOME USEFUL CHECKLISTS AND LINKS: “VERIFICATION SHOULD OCCUR BEFORE EVIDENCE IS DEPLOYED, NOT AFTER AUTHENTICITY IS CHALLENGED…”
The previous post dealt with a case where a participant in a relatively small dispute about shared childcare was found guilty of putting “deepfake” evidence before the courts. This provides a wake up call to us all that our clients,…
“DEEPFAKE” EVIDENCE POSSIBLY COMING TO A COURT NEAR YOU SOON: LESSONS FROM AMERICA…
We have looked at the problems caused by Artificial Intelligence many times on this blog. Practitioners also have to be aware of the possibility that the evidence they are given by their own clients, or used by the other side,…
WHEN A LOCAL AUTHORITY REQUIRES RELIEF FROM SANCTIONS: “IT IS PARTICULARLY IMPORTANT THAT THE PUBLIC BODY FILES ITS PAPERS IN A TIMELY FASHION AND CO-OPERATES WITH THE CLAIMANT”
Here we look at a case where a defendant local authority had to apply for relief from sanctions in relation to breaches of court orders and directions. The judge was critical of the defendant’s conduct, pointing out that there was…
THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION 5: GOOD PRACTICE SUGGESTIONS
We are continuing with our examination of the updated SRA Guidance on Effective Supervision. This is a relatively short section but of considerable importance. There is a series of checklists on this topic (these are produced for this blog and…
COST BITES 404: JUDGE ORDERS DEFENDANT TO PAY COSTS ON THE INDEMNITY BASIS: PARTIES HAVE AN OBLIGATION TO ENGAGE WITH THE PROCESS OF LITIGATION: “THEY SHOULD BE USING NON-COURT BASED DISPUTE RESOLUTION WHEREVER POSSIBLE”
Here we look at a case where the court made an order for indemnity costs. The defendant had failed to engage fully in the litigation process and, importantly, failed to respond to the claimant’s offer to mediate. The Master was…
THE NEW SRA SUPERVISION GUIDANCE: WHAT LITIGATION FIRMS, AND LITIGATORS, NEED TO DO NOW: WEBINAR 25th JUNE 2025
The SRA’s new Guidance on Effective Supervision represents one of the most significant developments in the regulation of litigation practice in recent years.The guidance introduces enhanced expectations around supervision, delegation, escalation, professional judgment, accountability and quality assurance. It also carries…
AVOIDING NEGLIGENCE CLAIMS AND PROCEDURAL PROBLEMS – CLB IS PICKING UP THE PACE: LOOKING AT A CASE WHERE EVERYTHING WHEN DISASTROUSLY WRONG PROCEDURALLY – WITH CLEAR GUIDANCE ON HOW TO AVOID THIS GOING FORWARD
This blog has been looking at cases relating to civil procedure for 13 years this month. We have seen many hundreds (possibly thousands) of cases where things have gone badly wrong, particularly in relation to procedure and limitation. Most of…
BACK TO BASICS MONDAY: MAKING AN APPLICATION TO THE COURT: HOW TO AVOID PROBLEMS: KEY POINTS AND SOME USEFUL CHECKLISTS
There are hundreds of applications made each date to courts up and down the land. Pausing for a second, how many of those applications are made without the solicitor looking at the rules and Practice Direction relating to making applications….
GETTING TO GRIPS WITH TIME ESTIMATES: THE KEY POINTS AND SOME USEFUL POINTERS AND CHECKLISTS: AVOIDING YOUR ESTIMATE BEING CALLED “ABSURD”
The earlier post on time estimates has prompted me to revisit the issue with some practical suggestions for practitioners. Here we have a review of the cases, the key points that emerge and a series of checklists of the issues…
COST BITES 403: JUDGMENT TODAY: SUCCESS FEE AND ATE PREMIUM NOT PAYABLE BY CLIENT WHEN THE SOLICITOR FAILED TO MAKE REASONABLE ENQUIRIES ABOUT BTE INSURANCE
Here we look at a judgment given today which highlights the importance of considering the existence of pre-existing insurance policies when solicitors are acting for a claimant. The judge held that the solicitors had made inadequate enquiries in relation to…
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. …
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…
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 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…
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,…
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…
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…
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