ACTIONS OF TWO CLAIMANTS STRUCK OUT BECAUSE THEIR WITNESS STATEMENTS WERE IN ENGLISH AND THEY COULD NOT SPEAK ENGLISH: “THE SOLICITORS HAVE NOT DONE THEIR DUTY APPROPRIATELY”
We are returning to the judgment of Mr Justice Martin Spencer in Rashpal Samrai & Ors v Rajinder Kalia [2024] EWHC 3143 (KB). More accurately we are looking at a preliminary judgment in the case which appears as an annexe to…
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…
DELEGATION IN LITIGATION: A CASE TO POINT – AND A WEBINAR ON THE 9th DECEMBER 2024
It is often the function, if not the duty, of someone who writes about civil procedure to look at a decision and then extract the most uninteresting aspect of the case for wider publication. I am doing this in relation…
CASE STRUCK OUT FOR FAILURE TO COMPLY WITH UNLESS ORDER: APPLICATION TO ADJOURN TO ALLOW RELIEF FROM SANCTIONS APPLICATION REFUSED: DENTON CRITERIA CONSIDERED
In Gladwin v RSM UK Restructuring Advisory LLP [2024] EWHC 3054 (Ch) ICC Judge Barber held that the claimant’s case was struck out because of a failure to comply with a peremptory order. The judge refused the claimant’s application to…
PROMOTING THE ART AND SCIENCE OF THE HUMBLE COURT BUNDLE: A “LITIGATOR’S SURVIVAL GUIDE”: WEBINAR 4th DECEMBER 2024
The problems that courts have with bundles have always been a prominent part of this blog. A post about bundles, “Sedley’s Laws” and how to prepare a bundle was the most read post on the blog for four years. However…
FAILING TO SERVE A SEALED CLAIM FORM; FAILING TO SIGN THE STATEMENT OF TRUTH; VERY LATE APPLICATION FOR RELIEF
In Randall, R (On the Application Of) v [2024] EWHC 2924 (Admin) Mrs Justice Lang held that the court had no jurisdiction to hear a judicial review application because a sealed claim form had never been served. Further the claimant…
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…
LIMITATION, DEFAULT AND SANCTIONS – THE KEY CASES OF 2024: WEBINAR 27th NOVEMBER 2024: HELPING YOU TO AVOID PROBLEMS IN 2O25 (AND BEYOND…)
This webinar looks at the key cases relating to limitation, default and sanctions that have occurred in 2024. The aim is to look at problem areas to help litigators avoid problems in the future. Booking details are available here. THE…
SERVICE AND CLAIM FORM ISSUES IN 2024: WEBINAR 19th NOVEMBER 2024
I have had enough cases for a webinar on service of the claim form since about February this year. Claim form issues have been a major part of the blog throughout 2024 (and there may be more to come…). This…
DRAFTING EFFECTIVE ATTENDANCE NOTES IN CIVIL LITIGATION: PROTECT, SURVIVE AND THRIVE: WEBINAR 18th NOVEMBER 2024
Attendance notes form a major part of a litigator’s armoury. They are important in keeping a record of what happened and what was said and in protecting the lawyer if disputes later arise. They play a crucial role when costs…
BUNDLES PREPARED IN A CHAOTIC MANNER: CHRONOLOGICAL IS BEST: COMMENTS FROM THE HIGH COURT
There are over a hundred posts on this blog about the subject of bundles. Problems occur everywhere, from the Supreme Court to the Employment Tribunal. We see another example in the judgment of Mr Justice Ritchie in Mok v Fitzmaurice…
LOSS OF EARNINGS CLAIMS: THE FUNDAMENTALS: WEBINAR 11th NOVEMBER 2024
We have seen some interesting cases on loss of earnings claims this year, with a claimant being found fundamentally dishonest, because of the way the claim for loss earnings was presented, an “unreliable” schedule leading to a claim for loss…
CALCULATION OF TIME UNDER THE CIVIL PROCEDURE RULES: A RECAP
The case we looked at yesterday Corfield v Howard [2024] EWHC 2727 (Comm) provides an important reminder of a basic principle of the computation of time. A hearing was taking place on a Monday. The skeleton arguments were ordered to be…
LATE SKELETON ARGUMENTS DO NOT A HAPPY JUDGE MAKE II: THE COURT MAY IMPOSE SANCTIONS IN APPROPRIATE CASES
In Corfield v Howard [2024] EWHC 2727 (Comm) HH Judge Davis-White KC (sitting as a Judge of the King’s Bench Division) reminded practitioners of the need for skeleton arguments to be filed in time accordance with court orders. …
ADVOCACY – THE JUDGE’S VIEW III: PREPARE PROPERLY AND SEE THE SCENE FOR YOURSELF: A VIEW FROM CANADA
As part of the repeated series looking at the advice that judges give to advocates (and how this relates to civil litigators in particular) we return to Canada. Judge Carol Baird Ellan collected the views of 12 of her colleagues…
ANOTHER LATE CLAIM FORM CASE: COURT HAD NO POWER TO EXTEND TIME: IF IT DID THEN THE CLAIMANT’S APPLICATION WOULD HAVE BEEN REFUSED IN ANY EVENT
The case of Farnham Town Council v Secretary of State for Levelling Up Housing & Communities & Anor [2024] EWHC 2458 (Admin) (Tim Smith, sitting as a High Court Judge) is far from being the first case about service of…
NOT A LATE CLAIM FORM CASE TODAY, BUT LATE PARTICULARS OF CLAIM LEAD TO THE ACTION BEING STRUCK OUT
As a change to the almost never ending issues relating to late service of the claim form we have a case about late service of the Particulars of Claim. In Joseph v McFaddens LLP [2024] EWHC 2447 (Ch) Deputy Master…
AN “UNRELIABLE” SCHEDULE LEADS TO A CLAIM FOR LOSS OF EARNINGS BEING STRUCK OUT (AND FOUR WEBINARS ON LOSS OF EARNINGS)
The way in which a claim for loss of earnings claim is presented is of crucial importance in most claims for damages. There are a series of four seminars below where many of the essential elements are considered. A case…
SERVICE OF THE CLAIM FORM ON A NOMINATED SOLICITOR: SOME IMPORTANT POINTS
In the recent case of Keilaus -v- Houghton [2024] EWHC 2108 the claimant’s action failed because their solicitor failed to notice that the defendant’s solicitor had stated that they would accept service. The court had little, if any, sympathy for the…
CLAIMANT FAILS IN APPLICATION TO HAVE APPEAL JUDGMENT SET ASIDE: THE SOLICITOR SHOULD HAVE NOTICED THE APPEAL HAD BEEN LISTED: LATE SERVICE MEANS COSTS BUDGET WAS ASSESSED AT NIL
The judgment of Mrs Justice Hill in Deng v Zhang & Anor [2024] EWHC 2392 (KB) shows a case with a whole history of errors and mishaps. The claimant failed to file a cost budget in time but obtained relief…
TO ALL THOSE WHO THINK THERE MAY BE TOO MANY CASES ABOUT SERVICE OF THE CLAIM FORM ON THIS BLOG: YOU MAY BE RIGHT BUT HERE’S ANOTHER ONE…
In ETM Contractors Ltd, R (On the Application Of) v Bristol City Council [2024] EWHC 2263 (Admin) refused the claimant’s applications for relief following late issue and lateservice of the claim form. The judgment contains a detailed exposition of why…
DON’T DISCLOSE COUNSEL’S ADVICE TO THE OTHER SIDE: A REPEAT IN RELATION TO AN ISSUE THAT IS STILL HAPPENING
An issue I have seen periodically came up on LinkedIn yesterday. A defendant was complaining that there was a lack of co-operation by the claimant’s solicitor in failing to show them counsel’s Advice in relation to a claim brought by…
PREPARING TRIAL AND APPLICATION BUNDLES: A LITIGATOR’S SURVIVAL GUIDE: WEBINAR 4th DECEMBER 2024
The previous post on Serra -v- Harvey [2024] EWHC 2250 (KB) has led to me finalising a (long-prepared) webinar on bundles. In Serra wasted costs were ordered on an indemnity basis against the claimant’s solicitors because the lateness and condition of the trial bundles. The bundles…
LATE AND “HAPHAZARD” SERVICE OF TRIAL BUNDLES LEADS TO WASTED COSTS ORDER AGAINST CLAIMANT’S SOLICITORS (ON THE INDEMNITY BASIS)
There are numerous cases on this blog about trial bundles. The issues never seem to end and have not been solved by the advent of the electronic bundle. This can be seen in the judgment of Deputy High Court Judge…
DRAFTING EFFECTIVE ATTENDANCE NOTES IN LITIGATION: COST EFFECTIVE DELEGATION FOR LITIGATORS: SOME FUNDAMENTAL POINTS ADDRESSED IN TWO WEBINARS
Last week I had the pleasure of giving a lecture, alongside many of my colleagues in the costs team in chambers. There were about 100 lawyers present, many with considerable experience. I was able to take a straw poll of…
MAKING APPLICATIONS TO THE COURT: A PRACTITIONER’S GUIDE: WEBINAR 10th SEPTEMBER 2024
It is surprising how many applications are made which do not comply with the most basic requirements of procedure and evidence. This webinar on the 10th September 2024 aims to help practitioners avoid errors and aims to ensure that participants…
A COUNTER-SCHEDULE THAT TOTALLY TOTALLY FAILED TO DO ITS JOB: COURT REFUSES PERMISSION FOR DEFENDANT TO RELY ON COUNTER-SCHEDULE THAT “SERVES NO PURPOSE WHATSOEVER”
This blog has looked extensively at judicial criticism of schedules of damages over the years. It has to be remembered that counter-schedules also have to be properly drafted. This is emphasised. in the judgment of Mr Justice Julian Knowles in…
WITNESS STATEMENTS, WITNESSES, EVIDENCE AND PSYCHOLOGY: GUIDANCE FROM THE EAST: ANOTHER EXAMPLE FROM A DECADE AGO THAT REMAINS RELEVANT
We are looking again at the skills necessary to take accurate witness statements. Here we revisit a real gem of an article by Ula Cartwright-Finch and Alex Waksman of Herbert Smith Freehills on the accuracy of witness statements and the…
A WORKING EXAMPLE OF THE DANGERS OF NOT TAKING A FULL WITNESS STATEMENT: DISASTER CAN STRIKE: A DECADE ON AND THIS CASE IS STILL RELEVANT
One case I regularly refer to when speaking, or writing, about taking witness statements is the decision of Judge Keyser Q.C. In Kellie & Kellie -v- Wheatley & Lloyd Architects Ltd [2014] EWHC 2866(TCC). This case gives a working example…
ENTERING JUDGMENT IN DEFAULT: NO DUTY ON THE PARTIES TO HELP EACH OTHER: THE IMPORTANCE OF KNOWING THE RULES
There are some interesting observations in the judgment of HHJ Cadwallader (sitting as a Judge of the High Court) in Thiscompany Ltd & Ors v Welsh & Ors [2024] EWHC 2159 (Comm). It was a case where three of the…
STRIKING OUT FOR DELAY: THE DANGERS FOR A COUNTERCLAIMING DEFENDANT IN LETTING SLEEPING DOGS LIE
In Western Avenue Properties Ltd & Anor v SONI & Anor [2024] EWHC 2124 (KB) Master Davison struck out a counterclaim on the grounds of delay. The claim had already been struck out for delay. In these circumstances the principles…
THREE WEBINARS: MAKING APPLICATIONS TO THE COURT; INSOLVENCY AND SOCIAL MEDIA AND THE PERSONAL INJURY LAWYER
In September and October there are a number of webinars relating to procedure and evidence. Firstly on the essential issue (but often overlooked) elements and rules relating to making applications to the court; secondly on insolvency and personal injury and…
SELF PROTECTION FOR LITIGATION LAWYERS – A RECAP: WITNESS STATEMENTS UNDER SCRUTINY
A report in Litigation Futures in August 2016 illustrates the need for “self protection” by lawyers in . The headline says it all “Insurance Fraudster who tried to blame his solicitor jailed for 18 months”. “IT WAS ALL MY…
SERVICE OF THE CLAIM FORM ISSUES: CLAIMANT FAILS TO COMPLY WITH MANDATORY REQUIREMENTS: HIGH COURT UPHOLDS THE EXTENSIONS OF TIME
The judgment of Mrs Justice Hill in Graham v Fidelidade – Companhia De Seguros SA [2024] EWHC 2010 (KB) contains some salutary lessons for litigators. In particular the importance of complying the the rules for applying for extensions of time…
ANOTHER FAILED SERVICE OF CLAIM FORM CASE: FAILURE TO SERVE PROPERLY ON A PARTNERSHIP MEANS THE ACTION COMES TO GRIEF
In Goodfellow v Warren Boyes & Archer (A Firm) [2024] EWHC 2015 (KB)Master Thornett rejected an argument that a former partner in a solicitors’ practice had been validly served when proceedings were sent to the company that had purchased that…
COURT REFUSES TO EXTEND TIME FOR SERVICE OF THE CLAIM FORM: CLAIMANTS COME TO GRIEF
In Playfair & Ors v Pannells LLP & Ors [2024] EWHC 1933 (Ch) Master Brightwell refused the claimants’ application for an extension of time for service of the claim form. The application was made before the time of expiry for…
RELIEF FROM SANCTIONS REFUSED WHEN WITNESS EVIDENCE SERVED THREE WEEKS LATE: SOMETHING ABOUT THE DANGERS OF “CUT AND PASTE” SUBMISSIONS TOO…
In Seaton Management Ltd v Evans-Jones [2024] EWHC 1883 (Ch) ICC Judge Barber refused the respondent’s application for relief from sanctions when a witness statement was served three weeks late. “The matters addressed in the Respondent’s skeleton argument on…
THE JOINT MEETING OF EXPERTS AND THE JOINTLY INSTRUCTED EXPERT: WEBINAR 29th JULY 2024
I was a more than a little shocked to read the judgment in Glover & Anor v Fluid Structural Engineers & Technical Designers Ltd & Ors [2024] EWHC 1257 it is a case that shows that lawyers are still making…
FOUR WEBINARS ON FATAL ACCIDENT LITIGATION: CORONERS; RECENT CASES; CHILDREN AND FATAL CLAIMS & DAMAGES IN ANTICIPATION OF DEATH
There are four webinars over the next four weeks dealing with key elements of fatal accident litigation. An introduction to the coroner’s court for personal injury and clinical negligence lawyers 23rd July 2024 This webinar is an introduction to the…
THE CLAIMANT HAD NOT SERVED THE CLAIM FORM PROPERLY: ORDER FOR SERVICE BY ALTERNATIVE MEANS WAS NOT EFFECTIVE WHEN THE DEFENDANT WAS RESIDENT ABROAD
In Broom v Aguilar [2024] EWHC 1764 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) decided that a claim form had not been properly served when it was served at a time that the defendant was living abroad….
IMPORTANT THINGS TO THINK ABOUT WHILE THE SUPREME COURT JUDGMENT IN MENZIES -v- OAKWOOD IS PENDING
The Court of Appeal decision in Menzies v Oakwood Solicitors Ltd [2023] EWCA Civ 844 was appealed to the Supreme Court and was heard last week. The judgment is pending. In the interim period my colleague Matthew Smith suggests that claimant…
THE COSTS JUDGE OVER YOUR SHOULDER (SOLICITOR AND OWN CLIENT COSTS): WEBINAR 15th JULY 2024
The previous post on the judgment in St. James v Wilkin Chapman LLP [2024] EWHC 1716 (KB) highlights the fact that great care is needed in entering into funding agreements with clients when the solicitor proposes to deduct costs from the…
SERVICE OF THE CLAIM FORM – ERRORS AND PROBLEMS 5: SERVING THE PARTICULARS OF CLAIM LATE
This is the fifth time we have looked at the judgment in Occupiers of Samuel Garside House v Bellway Homes Ltd & Anor [2024] EWHC 1579 (KB). This time we look at another “trap for the unwary” – the Particulars of Claim were…
SERVICE OF THE CLAIM FORM – ERRORS AND PROBLEMS 4: NOW IT IS THE DEFENDANTS THAT HAVE MADE MISTAKES: AN IMPROPERLY SERVED CLAIM FORM IS NOT A NULLITY
NB AN APPEAL WAS ALLOWED IN THIS CASE SEE Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347 We are continuing with the judgment in Occupiers of Samuel Garside House v Bellway Homes Ltd & Anor [2024]…
SERVICE OF THE CLAIM FORM – ERRORS AND PROBLEMS 3: AN ATTEMPT TO OBTAIN “RELIEF FROM SANCTIONS” IS FUTILE
NB AN APPEAL WAS ALLOWED IN THIS CASE SEE Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347 This is the third time (and not the last time) we are looking at the judgment of Occupiers of…
SERVICE OF THE CLAIM FORM ERRORS AND PROBLEMS 2: HAVE YOU AGREED AN EXTENSION OF TIME? NO YOU HAVEN’T
NB AN APPEAL WAS ALLOWED IN THIS CASE SEE Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347 We are returning to the judgment of Master Dagnall in Occupiers of Samuel Garside House v Bellway Homes…
SERVICE OF THE CLAIM FORM: ERRORS AND PROBLEMS 1: LEAVING SERVICE UNTIL THE LAST MINUTE AND THEN NOT SERVING PROPERLY (BY FAX OR DX)
NB AN APPEAL WAS ALLOWED IN THIS CASE SEE Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347 The judgment of Master Dagnall in Occupiers of Samuel Garside House v Bellway Homes Ltd & Anor…
ANOTHER BLOG FROM THE PAST: THE DIFFERENCE BETWEEN “EVIDENCE” AND “SUBMISSIONS”: A PROBLEM THAT PERSISTS TODAY
As part of the 11th anniversary process I am looking at a blog that was written in June 2014. “WITNESS STATEMENTS ARE FOR FACTS: KNOWING THE DIFFERENCE BETWEEN EVIDENCE AND SUBMISSIONS (AND WHY IT MATTERS)”. It is very interesting to…
SUING THE “MAN OF STRAW” IN A PERSONAL INJURY CASE: A REMINDER TO LOOK AT YOUR OWN CLIENT’S HOME INSURANCE
Next week marks the 11th anniversary of this blog. I am reviewing key posts from the past. This was the second ever post on the 25th June 2013. The issues remain relevant. I have issued periodical reminders about this issue…
HOW THE DEFENDANT MANAGED TO MISS TIME FOR APPEALING: THE IMPORTANCE OF APPLYING TO THE ORIGINAL JUDGE, AND AGREEING A DRAFT ORDER PROMPTLY
We are looking again at the judgment of Mr Justice Sweeting in Elbanna v Clark (Re Consequential Matters) [2024] EWHC 1471 (KB). The defendant sought permission to appeal. However by virtue of attempting to appeal to the Court of Appeal, thereby…
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