BACK TO BASICS MONDAY: GIVING THE SOURCE OF INFORMATION AND BELIEF IN A WITNESS STATEMENT: A MANDATORY OBLIGATION OFTEN IGNORED
It is surprisingly common to see witness statements that fail to comply with the basic – and mandatory – requirement that the maker of the statement gives the source of any matters of information or belief they are giving evidence…
HOW A FIRM OF SOLICITORS SHOULD NOT CONDUCT THEMSELVES IN LITIGATION: A WORKING EXAMPLE: EVIDENCE THAT WAS “GENERALLY UNRRELIABLE” AND “LACKING IN CREDIBILITY”
Here we are looking at a judgment that contains some remarkable observations and findings about the conduct of a solicitor. The judge was concerned not only about the failure to comply with directions, the inadequate nature of the statement of…
PROVING THINGS 284: APPLICANT FOR INJUNCTION FAILS ON JUST ABOUT EVERY POINT: THE CASE WAS DIFFICULT TO UNDERSTAND; NO EVIDENCE OF A RISK OF DISSIPATION; MATTERS THAT LEAVE THE JUDGE “BAFFLED” AND UNCOMFORTABLE
The applicant in this case sought an injunction. The application was (unusually) made on notice. The respondent did not have the opportunity to put in evidence. The applicant failed on just about every point. It was unclear what the applicant’s…
THROWBACK FRIDAY: MAKING A MISTAKE AND THEN BIGGING A DEEPER HOLE FOR YOURSELF: MARCH 2018
Here we are looking at a set of circumstances that we have seen many time, both before and after this post from March 2018. A lawyer makes a mistake, panics and then makes horrendous decisions in an attempt to cover…
KEEPING TIME ESTIMATES UNDER REVIEW: JUDGE GIVES REASONS FOR ADJOURNING APPLICATION: AND (BY THE WAY) “JUDGES ARE NOT SUPERHUMAN”
It is rare that we see a detailed judgment on the reasons why an application has to be adjourned. Here the judge comments on the reasons for the adjournment but also observes that the initial time estimate for the application…
THE CIVIL PROCEDURE (AMENDMENT) RULES 2026 (3): TIME LIMITS FOR COMMENCING PROCEEDINGS UNDER THE PROCUREMENT ACT MADE CLEAR…
Some of the changes being introduced on the 6th April 2026 are relatively niche. However given that they could impact CLB readers who deal with these issues on a regular or “one off” basis I do not like to miss…
IF YOU MISSED THE WEBINAR ON INFORMING THE CLIENT ABOUT THE COSTS OF LITIGATION IT IS NOW AVAILABLE “ON DEMAND”
The webinar on informing the client about the costs of litigation is now available “on demand” and details can be found here. THE REASONS FOR THE WEBINAR Recent Legal Ombudsman decisions show that solicitors’ firms are being ordered…
COST BITES 368: THERE WERE NO “SPECIAL CIRCUMSTANCE” WHICH MEANT THE SOLICITOR’S BILL SHOULD BE ASSESSED OUT OF TIME: THERE IS NOTHING THAT CALLS FOR AN EXPLANATION
We are returning to the previous case to look at the second half of the Cost Judge’s decision. Having determined that the bills were statute bills the judge then considered whether there were “special circumstances” which would entitle the claimant…
SERVICE POINTS 31: RELIEF FROM SANCTIONS GRANTED WHEN THE CLAIMANT FAILED TO APPLY IN TIME TO LIFT A STAY: A RARE SUCCESS ON A CLAIM FORM ISSUE
Here we are looking at an unusual set of facts in relation to service of the claim form, not least because it led to the issues being considered under the Denton criteria and is a (relatively rare) example of a…
THE CURRENT IMPORTANCE OF PLEADINGS 61: CLAIM FOR LIBEL WAS NOT PROPERLY PLEADED: “MUCH OF THIS ESSENTIAL DETAIL IS MISSING”
As we shall see there are very strict and precise requirements for pleading libel. There are numerous cases where the claimant has failed to get past the preliminary stages because of inadequate pleadings. We look at such a case here….
HALLUCINATIONS KEEP APPEARING IN THE REPORTS: TWO MORE EXAMPLES: COUNSEL AT FAULT IN BOTH…
We are looking at two more examples of “hallucinated” cases appearing in reported cases. In both cases it was counsel that was presenting the case. (In one case counsel was acting for himself). “The incident does, however, demonstrate vividly the…
BACK TO BASICS MONDAY: THE NEED TO SERVE A NOTICE DISPUTING THE AUTHENTICITY OF A DOCUMENT: CPR 32.19
Here we look at a case that illustrates a very basic principle of civil procedure and evidence. It is a case where the claimant was, in essence, disputing the authenticity of several documents. However a basic procedural step had not…
THE CURRENT IMPORTANCE OF PLEADINGS 60: FAILING TO PLEAD A CLAIM FOR “LOSS OF CHANCE” LEADS TO TRIAL BEING RESTRICTED TO LIABILITY (AND THE CLAIMANT’S FACING RESPONSIBILITY FOR ADDITIONAL COSTS)
Here we are looking at a failure to plead the claimant’s case as to damages fully. The claimant wanted to advance a claim for “loss of chance” in addition to seeking damages on the balance of probability. The judge rejected…
AVOIDING THE PITFALLS OF DRAFTING PLEADINGS: WEBINAR 2nd APRIL 2026
The series on the “Current importance of pleadings” has now reached 59 posts. There are other posts in the series that are imminent. This webinar looks at issues in relation to drafting statements of case. BOOKING DETAILS Are available…
WHEN FUNDING AND CFA SCHEMES GO BADLY WRONG: A CASE THAT EXAMINES THE FALLOUT: £48 MILLION PAID OUT TO DATE … AND COUNTING
Here we have an important decision for litigators, litigation funders, legal insurers and clients. It is a challenge to summarise this case, but it is essential reading nevertheless. Here, as an initial view, is an overview of the funding scheme…
THROWBACK FRIDAY: MORE ABOUT LITIGATORS AND WORKLOAD (IT’S STILL NUTS): MARCH 2016
Here we look at a post from March 2016. It raised some comments at the time and followed on from a previous post we have looked at (which in turn led to several comments). It asks the, fairly fundamental, question…
CIVIL LITIGATION BRIEF HAS ITS OWN LINKEDIN PAGE (“ABOUT TIME TOO” – APPARENTLY)
Civil Litigation Brief now has its own LinkedIn page. It is another way of following the posts on this site. Posts will be posted as they are published and it is another way of being able to keep up to…
THE IMPORTANCE OF SOLICITORS’ ESTIMATES IN RELATION TO COSTS: SOME EXAMPLES WHERE PROBLEMS HAVE OCCURRED (WITH A FINAL PLUG FOR THE WEBINAR ON THE 19th MARCH)
The recent short series on this site about the Ombudsman and estimates of costs highlighted the issues that can occur when there are disputes over costs and the original figures given by the solicitor. However the Ombudsman is not the…
WITNESS EVIDENCE WEDNESDAY II: A STATEMENT THAT WAS “BASED ON A COMBINATION OF SPECULATION AND DOUBLE, TRIPLE OR EVEN MORE REMOTE HEARSAY”
We have looked at many cases in which judges have been critical of the way in which witness statements are drafted. This case is one of the most clear and extreme examples. The defendant (a firm of solicitors) failed to…
EXPERT WATCH 41: THE COURT OF APPEAL REFUSES TO OVERTURN A DECISION WHERE THE “WRONG” TYPE OF JOINT EXPERT WAS INSTRUCTED
This is an unusual case where, after the event, a party to the litigation argued that the court had relied on the “wrong” type of expert evidence. An educational psychologist had been instructed as a joint expert whereas what was…
COSTS INFORMATION AND THE OMBUDSMAN 7: HEADING OFF PROBLEMS AT THE OUTSET: (WEBINAR THIS THURSDAY 19th MARCH 2026 – WITH LOTS OF CHECKLISTS)
This short series has aimed to highlight the ongoing difficulties that litigators, in particular, can have with giving compliant costs information to their clients. In looking at this topic it is clear that there are numerous cases where clients have…
COSTS INFORMATION AND THE OMBUDSMAN 6: YOU SAID IT WOULD COST £2,500 – £3,000 – I’VE PAID YOU £16,000: THE IMPORTANCE OF GIVING ESTIMATES AS TO DISBURSEMENTS
This decision emphasises the fact that when giving costs estimates the solicitor should also do their best to estimate the costs of disbursements in addition to their own costs. Here the solicitor mentioned that there would be additional costs if…
BACK TO BASICS MONDAY: THE IMPORTANCE OF SERVING THE PARTICULARS OF CLAIM WITHIN THE TIME FOR SERVICE OF THE CLAIM FORM: THE “BEAR TRAP” IN WAITING
The back to basics point today is based on a recent case which shows the importance of serving the particulars of claim within the four month period allowed for service of the claim form. The claimant served the particulars three…
RELIEF FROM SANCTIONS REFUSED AFTER CLAIMANT FAILS TO COMPLY WITH PEREMPTORY ORDER FOR DISCLOSURE: “THE CONSEQUENCE IS THAT THE PROCEEDINGS ARE STRUCK OUT”
Here we look at the “second half” of the decision considered in the previous post. Having rejected the claimant’s submissions that breaches of a peremptory order should be considered under CPR 3.10 the judge then went on to consider the…
THE BREACH OF A PEREMPTORY ORDER IS A SERIOUS MATTER: IT CANNOT SIMPLY BE DEALT WITH UNDER CPR 3.10
Here we look at an interesting, but eventually futile, about the approach the court should take when a party was in breach of a peremptory order. The claimant in breach argued that the court should consider the matter under CPR…
THROWBACK FRIDAY: PLEADINGS SHOULD CONTAIN FACTS NOT ARGUMENT OR RHETORIC: (MARCH 2015)
The issues raised in the Current Importance of Pleadings series are not new. We see points as to pleading raised in March 2015. Here the judge considered a pleading that “leaves much to be desired.” “The overall result of these…
APPLICATION TO ADDUCE NEW WITNESS STATEMENT ON THE FIRST DAY OF THE TRIAL: DENTON PRINCIPLES APPLIED
A party who serves a witness statement late always has problems. A litigant who tries to introduce a new witness on the morning of the trial has major problems. We have such an application here. Unsurprisingly it did not fare…
COSTS INFORMATION AND THE OMBUDSMAN 5: DISCOURAGING THE USE OF A BTE POLICY (THIS IS NOT GOOD NEWS FOR THE SOLICITOR…)
We continue with our examination of the Legal Ombudsman’s decisions about costs. The issue here was whether the solicitors were correct to discourage the use of an BTE policy and act privately taking out ATE insurance. “It is expected by…
COSTS INFORMATION AND THE OMBUDSMAN 4: GOING OUTSIDE THE LEVEL OF LEGAL INSURANCE COVER
Here we are looking at a decision in relation to legal expenses insurance. The solicitor had gone outside the cover of the insurance but not informed the client. The Ombudsman’s conclusions on this issue are not a great surprise… “The…
WITNESS EVIDENCE WEDNESDAY: WHEN A CLIENT BLAMES THEIR SOLICITOR FOR ISSUES IN THE WITNESS STATEMENT: SOME EXAMPLES CONSIDERED
Occasionally I give in-house presentations on drafting witness statements. I always emphasise the importance of protecting the client from over-enthusiastic drafting by their lawyer to make sure that the witness statement is accurate and compliant. I then ask what steps…
COSTS INFORMATION AND THE OMBUDSMAN 3: FAILURE TO CONSIDER ALTERNATIVE METHODS OF FUNDING
We are continuing with our examination of Legal Ombudsman decisions on issues relating to costs. Here there was an finding of inadequate service because of a failure to consider whether the client had legal insurance that cover the costs involved….
SERVICE POINTS 30 : A PROCEDURAL DEBACLE: THE DEFENDANT HAD LEFT IT FAR TOO LATE TO TAKE A POINT AS TO SERVICE OF THE CLAIM FORM
Many cases relating to service of the claim form involve a procedural debacle. It is rare that they present a “dogs breakfast” such as this. The defendant took a point that the claim had been issued out of time, that…
WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 29th APRIL 2026
The Court of Appeal’s decision in Attersley v UK Insurance Ltd has sharpened the costs risks faced by claimants who accept a Part 36 offer outside the relevant period. While a claimant who accepts late remains subject to fixed recoverable costs…
BACK TO BASICS MONDAY: EXHIBITS: A REMINDER OF THE RULES, WHERE THINGS GO WRONG AND HOW TO AVOID PROBLEMS
The “exhibiting” of documents to witness statements and affidavits is common. It is surprising how common it is for the exhibit, and the witness statement, to fail to comply with the rules. Here we look at the rules relating to…
AVOIDING THE PITFALLS WITH EXPERT EVIDENCE: WEBINAR 20th MARCH 2026: THE EXPERTS REPORT WAS “ALMOST WORSE THAN USELESS…”
We have seen some graphic examples in the past few weeks of a court robustly rejecting expert evidence adduced on behalf of a claimant. This webinar examines why expert evidence is not accepted, limited, or even wholly rejected at trial….
THROWBACK FRIDAY: LITIGATION: WHAT IS AN APPROPRIATE CASE LOAD – AND IS IT IMPORTANT? (MARCH 2016)
Here is a post from a decade ago with an issue that remains just as relevant today. What is an appropriate case load for litigators? How do we find the balance between economic survival and overloading, stress and the major…
COSTS INFORMATION AND THE OMBUDSMAN 1 : WHILST COSTS CAN BE DIFFICULT TO PREDICT THE FIRM SHOULD HAVE PROVIDED AN ESTIMATE BASED ON THEIR PROFESSIONAL KNOWLEDGE AND EXPERIENCE…
We continue with our examination of recent Legal Ombudsman decisions in relation to providing estimates of costs in particular. Here we have a finding that the information given as to the costs of litigation was inadequate. “Whilst I appreciate…
THE DEFENDANTS’ APPLICATION WAS AN ABUSE OF PROCESS: THE DANGERS OF TRYING SIMILAR THINGS A SECOND TIME AROUND: “THE HENDERSON AND HUNTER PRINCIPLES APPLY TO INTERLOCUTORY HEARINGS AS MUCH AS TO FINAL HEARINGS”
This is an interesting case on the relevance of the “Henderson” principles to applications, in this case for reverse summary judgment/to strike out the claim. A similar application had been made much earlier in the litigation. The judge found for…
EXPERT WATCH 39: WHEN THE HOME SECRETARY DID NOT CHALLENGE EXPERT EVIDENCE SHE CANNOT BE THAT SURPRISED WHEN THE COURT ACCEPTS IT
We are looking at another case where a party failed to challenge expert evidence. The Court of Appeal was clear in its view that if fault lay anywhere it was with the appellant’s failure to challenge the expert evidence that…
IMPORTANT COURT OF APPEAL DECISION TODAY: A CLAIM IS BROUGHT WHEN A CLAIM FORM IS SENT TO THE COURT EVEN IF IT DOES NOT HAVE THE CORRECT ISSUE FEE
This Court of Appeal decision today clarifies the position when a claimant files a claim at court but mistakenly does not pay the correct fee. The Court held that the claim was “delivered” when the claim was filed at court….
SERVICE POINTS 29: WOULD THE COURT STRIKE OUT THE ACTION WHEN THE CLAIMANT FAILED TO COMPLY WITH A r. 7.7 NOTICE?
It is unusual to see cases about the operation of CPR 7.7. This rule allows a defendant to serve a notice requiring that a claim form be served. In this case the claimant did not comply and the defendant applied…
PREPARING BUNDLES: A GUIDE FOR LITIGANTS IN PERSON (FAMILY GUIDANCE – BUT MUCH FOR OTHERS TO LEARN…)
We all know that the preparation of bundles can be a tricky job, even for legal professionals. The rules in relation to Bundles in family proceedings changed today. The Office of the President of the Family Division has published guidance…
THE SECRETARY OF STATE REQUIRED RELIEF FROM SANCTIONS: “AN APPALLING MANIFESTATION OF A LAX CULTURE OF NON-COMPLIANCE”
For (at least) the third time in recent weeks we are considering defaults or mistakes made on behalf of a Secretary of State. The delays and mistakes here were manifold. The Secretary of State was fortunate in obtaining an extension…
ACTION STRUCK OUT BECAUSE OF APPLICANT’S FAILURE TO COMPLY WITH A PEREMPTORY ORDER: (THIS MAY WAKE YOU UP ON A MONDAY MORNING…)
Here we have a case, brought be a professional liquidator, which was struck out because of a failure to comply with a peremptory order as to disclosure. It serves as an object lesson in the need to educate a client…
BACK TO BASICS MONDAY: THE MANDATORY REQUIREMENTS FOR THE TOP RIGHT HAND CORNER OF ANY WITNESS STATEMENT OR AFFIDAVIT
Here we are looking at one of the basic rules for witness statements. Curiously it is ignored in about 40 – 50% of the statements I see in practice. Often the oversight is ignored. Some judges take a hard line….
AVOIDING THE PITFALLS: WITNESS EVIDENCE AND WITNESS STATEMENTS: WEBINAR 6th MARCH 2026
We have seen a lot of issues over the years in relation to the drafting of witness statements and presentation of witness evidence. There are many cases that illustrate the problems that arise. This webinar aims to head off those…
WEBINAR ON PART 36: NOW AVAILABLE “ON DEMAND”: WATCH IT WHEN AND WHERE YOU WANT…
I have had some enquiries about whether the webinar given today on Recent Developments in Part 36 is available this webinar is available “on demand. It is now available – the details are available here. (The CLB Member discount…
MAZUR MATTERS 52: AND NOW WE WAIT… STATUTORY CONSTRUCTION AND “DANCING ON A PINHEAD” : SOME USEFUL LINKS
The arguments in the Mazur appeal have been completed. The profession now awaits. I was able to watch the first 1 1/2 days. I have to say that phrase “dancing on a pinhead” came to mind when I was…
THROWBACK FRIDAY: THE COURT OF APPEAL ON THE CREDIBILITY OF AN EXPERT WHO HAD HIDDEN THE FACT THAT THEY HAD BEEN A COLLEAGUE OF THE DEFENDANT (FEBRUARY 2017)
Here we look at a case where the Court of Appeal addressed the issue of witness credibility head on. An expert giving evidence for the defendant in a clinical negligence case failed to disclose the fact that he and the…
WITNESS EVIDENCE WEDNESDAY: A WITNESS STATEMENT “MADE UP OF SUBMISSIONS OR COMMENTARY ON DOCUMENTS RATHER THAN EVIDENCE”
There are numerous warnings and strictures about not putting submissions, commentary and opinion in witness statements. More than one observer has commented that these rules are routinely ignored. We have examples of this here. We also have an example of…
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