TAKING A CASE TO THE WIRE: TIME LIMITS IN DOMESTIC VIOLENCE CASES: WHEN DOES TIME START TO RUN? WHY IS THIS RELEVANT TO YOU?
Here we are looking at a case where the issue of proceedings was left until the last day. There is nothing unusual in that on this blog. We are, however, looking at a criminal case, albeit a decision of the…
EXPERT WATCH 23: NOW THINGS GET EVEN MORE REMARKABLE: EXPERT WRITES TO THE COURT TO SAY “MY EVIDENCE WAS WRONG”: REGULATORY BODY THINKS THE REPORT WAS VERY WRONG…
The previous post recorded how it is still possible to be surprised by what goes on in litigation. We see that again here, but to a greater extent. After a trial and a judgment was given an expert wrote to…
EXPERT WATCH 22: JUST WHEN YOU THINK YOU MAY HAVE SEEN IT ALL: THE CLIENT (BASICALLY) DRAFTS THE JOINT STATEMENT: THE JUDGE THINKS THEY MAY HAVE PLAYED A LARGE PART IN THE DRAFTING OF THE REPORT ITSELF…
No matter how long, and how much, you write about civil procedure cases can still come along which surprise – if not astonish. We have such a case here. The judge found that, essentially, it was the client who played…
COST BITES 302: WAS THE JUDGE WRONG TO IMPOSE A WASTED COSTS ORDER? ISSUES OF CAUSATION AND “NEGLIGENCE” CONSIDERED IN THE COURT OF APPEAL
We are looking at a case where the Court of Appeal considered a wasted costs order in critical terms. Although we are considering a decision in the criminal courts the principles relating to wasted costs are of general application. Firstly…
MEMBER NEWS: UPDATE ON THE CIVIL LITIGATION BRIEF WEBINAR SERIES: THIS SITE WILL BE OFFLINE FOR AN HOUR ON THE 29th OCTOBER
There are two pieces of news. Firstly the site is having a short “rest” on the 29th October, this is only for an hour – but it will be back newly invigorated. Secondly a reminder of some of the webinars…
SEEKING PERMISSION TO APPEAL AND TO EXTEND TIME: THE OPPORTUNITY TO SEEK PERMISSION CAN EASILY BE MISSED: SOMETHING FOR WOULD BE APPELLANTS TO WATCH OUT FOR
The circumstances in which a judge at first instance can grant permission to appeal from their own decision are circumscribed by the rules. Permission can only be given at the hearing itself, or any adjournment thereof. The same applies to…
LITIGATORS: SLEEP LIKE A BABY NEXT YEAR BY NOT REPEATING ALL THE CLAIM FORM MISTAKES PEOPLE HAVE MADE THIS YEAR: WEBINAR 5th NOVEMBER 2025
Needless to say there have been plenty of cases this year relating to service (or mis-service) of the claim form. This webinar looks at cases over the past 12 months with the primary aim of ensuring that you are not…
THE RESPONDENTS’ ARGUMENTS ABOUT FAILURES OF PROCEDURE WERE NOT “NIT PICKING”: RATHER THEY SHOWED THAT THE APPLICATION HAD NOT BEEN PROPERLY BROUGHT AND COULD NOT BE CONSIDERED…
There are often major differences of view as to the effect of non-compliance with the rules. We have such differences here. The claimants, in default, regarded the respondents’ procedural objections as “nit-picking”. The judge, however, held that the default was…
HIGH COURT REFUSES RELIEF FROM SANCTIONS WHEN SKELETON ARGUMENT WAS SERVED LATE: BREACHES OF EVEN A DAY OR TWO SHOULD NOT BE REGARDED WITH EQUANIMITY
If a skeleton argument is served late then relief from sanctions is required. The case we are looking at here makes it clear that it is prudent to make a formal application rather than assume relief will be granted “on…
SHOULD A CLAIMANT BE GIVEN PERMISSION TO WITHDRAW THEIR OWN PART 36 OFFER? (3): ARE THE CPR PROVISIONS RELATING TO VULNERABILITY RELEVANT? WHOSE JOB IS IT TO CONSIDER THEM IN THIS CONTEXT?
We are looking again at the case in which the claimant applied for permission to withdraw their Part 36 offer. The claimant had capacity, however at the hearing it was argued that he came within the definition of “vulnerable” litigant…
LIGHT IN ALL THE HEAT: ENSURING THAT AN AUTHORISED PERSON HAS “CONDUCT OF LITIGATION”: A PRACTICAL GUIDE: WEBINAR 31st OCTOBER 2025
There are many heated responses to the Mazur decision. There are articles suggesting that the judge got the law wrong. (Apparently the judge should not have listened to the submissions of both the Law Society and SRA which supported his…
WHEN A RESPONDENT’S NOTICE IS REALLY A CROSS-APPEAL: SHOULD THE COURT GRANT AN EXTENSION OF TIME TO ALLOW THE “APPEAL” TO BE ARGUED?
Sometimes a respondent’s notice is really a cross-appeal attempting to disguise itself. We are looking at such a case here. The “respondent’s notice” was served late, and permission was given to serve it. However on closer examination at the appeal…
MAZUR MATTERS 25: WHAT DIFFERENCE WILL MAZUR MAKE TO THE ASSESSMENT OF COSTS?(2) : HOW ABOUT – “A LITTLE AND POSSIBLY QUITE A LOT”?
The commentary on the implications of the Mazur case continues apace. In particular there has been much discussion about whether it affects liability to pay costs. LinkedIn contains reports that “Mazur” issues are already being raised in Points of Dispute. …
SERVICE POINTS 15: THE CLAIM FORM CASE IN THE COURT OF APPEAL (2): LEAVING A CLAIM FORM OUT FOR THE DX TO COLLECT WAS NOT EFFECTIVE SERVICE
The Court of Appeal has been busy recently with issues relating to service of the claim form. On the whole claimants (or rather their representatives) have not fared well. Here we look at the claimant’s argument that leaving a claim…
SERVICE POINTS 14: ANOTHER DAY, ANOTHER CLAIM FORM CASE IN THE COURT OF APPEAL – AND ANOTHER CLAIMANT COMING TO GRIEF (1): NO “GET OUT OF JAIL FREE” CARD HERE…
Here we look at a Court of Appeal decision that overturned a claim form decision that favoured the claimant. It highlights (if highlighting were ever needed) the dangers relating to service of the claim form). The one argument that can…
COST BITES 299: PUTTING FORWARD A OVER-LARGE BILL IN NEGOTATIONS ON COSTS: SHOULD THIS LEAD TO THE BILL BEING REDUCED BY 75%?
It is not unusual for a receiving party to make an offer on costs before detailed assessment proceedings begin, indeed this is a normal practice. Here the court considered the question of whether serving a draft bill in negotiations that…
SHOULD THE COURT GIVE ADEFENDANT PERMISSION TO RELY ON WITNESS STATEMENT THAT WAS SENT “EARLY” BUT NOT SERVED AS A TRIAL WITNESS STATEMENT?
We are looking at an application to rely on a witness statement that was served “late”. The statement had, in fact, been served on the claimants ahead of the deadline but not served as a witness statement for trial. When…
WHEN A SOLICITOR SIGNS THE STATEMENT OF TRUTH FOR A COMPANY: THE COURT CAN ORDER THAT THE COMPANY DELIVERS UP DETAILS OF WHICH INDIVIDUAL GAVE INFORMATION
It is not uncommon for the solicitor to sign a statement of truth on behalf of a company or corporation. This case considers the question of whether the company can be compelled to give details of the individuals who gave…
MAZUR MATTERS 22: USEFUL LINKS: GUIDANCE FROM THE SRA (IN 2022) – WHICH SAID EXACTLY WHAT MAZUR SAID: A SITUATION HIDING IN PLAIN SIGHT…
Here we look at guidance given by the SRA in November 2022. The one thing that the SRA can point to is the fact that this guidance said, in clear terms, precisely what was said in Mazur about who can…
MAZUR MATTERS 21: WHEN AN INSURER GIVES OUT DETAILED ADVICE THEN WE SHOULD ALL PAY CLOSE ATTENTION …
There is a growing amount of guidance on practical means for lawyers to deal with the Mazur decision. Links have been provided in earlier posts. However this guidance, in particular, is of some considerable significance. A major insurer has provided…
THE REQUIREMENT TO PUT YOUR CASE TO YOUR OPPONENT’S WITNESS (AND THE POTENTIAL DIRE CONSEQUENCES IF THIS IS NOT DONE): SOME UNUSUAL PROCEDURAL TANGLES IN THE THE HIGH COURT
We are looking at a case where, for reasons that are unclear, the claimants failed to challenge a key part of the evidence of the defendant’s witness. That evidence was central to the claimants’ case. The claimants’ attempts to rectify…
MAZUR MATTERS 20: TWO MORE USEFUL LINKS: WHAT IS NOT THE CONDUCT OF LITIGATION? PLUS A SNIPPET OF THE LAW SOCIETY GUIDANCE
I am continuing with the Mazur series by looking at two more useful links from reputable sources. One, from the Bar Standards Board, on what is not the conduct of litigation the other the Law Society Practice Note on these…
MAZUR MATTERS 19: TWO USEFUL LINKS: THIS HAS CHANGED THE PROFESSION’S UNDERSTANDING NOT THE LAW: STEPS TO ENSURE COMPLIANCE
I am attempting to avoid the blog being solely about Mazur. However the fact is that the Mazur issues are the most widely read posts, many of the more mainstream issues having taken a backseat. Whilst there is some commentary…
SOME MORE INFORMATION ON SURVEILLANCE EVIDENCE AND PERRIN -v- WALSH: FURTHER STATEMENTS; WARNINGS TO THE EXPERTS AND COSTS
This case was covered in a previous post. There is a useful article on the case by the claimant’s counsel. This covers the orders made in relation to further evidence from the surveillance operatives, the warnings given to the medical…
MAZUR MATTERS 15: COULD BREACHES OF THE LEGAL SERVICES ACT LEAD TO AN ACTION BEING STRUCK OUT? WHY YOU SHOULDN’T BELIEVE EVERYTHING YOU READ
I have gently, perhaps too gently, suggested that a great deal of what is being written and said about the impact of Mazur is “unhelpful”. Put more bluntly some of it is inaccurate and misleading. There is much “wishful thinking”…
CLINICAL NEGLIGENCE CORNER 4: THE DANGERS OF PLEADING ALLEGATIONS OF NEGLIGENCE WITHOUT APPROPRIATE EXPERT EVIDENCE IN SUPPORT (LESSONS HERE FOR ALL LITIGATORS)
There have been several cases dealing with inadequate pleading in clinical negligence cases this year. Here we look at one of them. It is a case we have looked at already but I wanted to emphasise the point. Further this…
MAZUR MATTERS 13: WHAT IS MEAN BY “THE CONDUCT OF LITIGATION” 4: THE COURT SHOULD LOOK AT THE ENTIRETY OF ACTIVITIES UNDERTAKEN “IN THE ROUND”
The decision Mazur continues to attract considerable comment, for good reason. Here we consider the question of how the courts approach the issue. (13 may be lucky for some. Just remember the court considers the position “in the round”). …
WITNESS STATEMENTS: GUIDANCE FOR THOSE WHO TAKE THEM AND THOSE WHO SUPERVISE THEM: WEBINAR 15th OCTOBER 2025
On a regular basis on this blog we see cases where judges have been highly critical of the witness statements used at trials or hearings. This criticism is not a rare event and is usually justified. Many witness statements are…
SERVICE POINTS 13: IS A CLAIMANT SAVED BY THE FACT THAT THE DEFENDANT DID NOT FILE AN ACKNOWLEDGMENT OF SERVICE OR MAKE AN APPLICATION UNDER CPR 11? THE COURT OF APPEAL HAVE A VIEW…
Over the years many claimants have been “rescued” by a defendant’s failure to make a timely, or correct, application to dispute the jurisdiction when the claim form has been improperly served. The limits of the defendant’s obligations were considered by…
SERVICE POINTS 12: ANOTHER CLAIMANT COMES TO GRIEF IN THE COURT OF APPEAL: CPR 7.6 APPLIED AND NOT 3.9 (THE CLAIMANT COULD HAVE GOOGLED THIS)
Here we look at another case where a claimant has come to grief because of a failure to serve the claim form. The ingenious arguments that he should have relief from sanctions were successful at first instance, but were rejected…
MAZUR MATTERS 11: WHAT IS MEANT BY “THE CONDUCT OF LITIGATION” 2 (A) : WHEN SOMEBODY BREACHED THE ACT AND WAS IN CONTEMPT OF COURT BY ARRANGING FOR THE SERVICE OF PLEADINGS
Comment on the implications of the Mazur decision goes on unabated. Some of this is informed commentary, some it is definitely not. On this site we are going to continue the examination of the primary sources of assistance to litigators…
MAZUR MATTERS 10: THE STATUTORY DEFENCE TO THE CRIMINAL OFFENCE: WHY YOU (PROBABLY) WON’T GO TO JAIL: BUT THE POSITION GOING FORWARD MAY BE DIFFERENT…
A person unlawfully “conducting” litigation can be imprisoned for up to two years, be fined and is also in contempt of court. This makes uncomfortable reading for many. However there is a statutory defence. There is useful case law…
THE JUDGE WAS RIGHT TO ALLOW A WASTED COSTS APPLICATION AGAINST THE CLAIMANT’S SOLICITORS TO PROCEED TO STAGE 2: MUCH TO THINK ABOUT HERE FOR CLINICAL NEGLIGENCE LAWYERS (AND INDEED ANYONE WHO DRAFTS PLEADINGS)
Here we are considering a case that covers issues relating to clinical negligence, the drafting of pleadings and wasted costs. It gives much to think about, particularly for those bringing professional negligence actions. (Choose the right type of doctor before…
MAZUR MATTERS 9: WHAT IS MEANT BY THE “CONDUCT OF LITIGATION”? (2): AN EARLY COURT OF APPEAL DECISION WHICH HELPS
We are continuing with a detailed examination of the cases and principles relating to what is meant by the “conduct of litigation”. Here (with some major caveats in mind) we look at the Court of Appeal decision that has been…
MAZUR MATTERS 8: WHAT IS MEANT BY THE “CONDUCT OF LITIGATION” (1): HOW HELPFUL ARE THE REGULATORS?
This is the start of a new sub-series concentrating on one issue. We will be looking at what has become one of the key matters of concern for many litigators – what is meant by the “conduct of litigation”. There…
MAZUR MATTERS 6: FURTHER GUIDANCE FROM CILEX: “FIRMS WILL NEED TO SATISFY THEMSELVES THAT THEY ARE COMPLIANT WITH THE LAW”
CILEX have provided further guidance in a document produced yesterday “CILEx Regulation – Interim Guidance The conduct of litigation and supervision”. (It may not be too late to register for the webinar on this topic today at 12.00 – details…
SOCIAL MEDIA AND THE PERSONAL INJURY LAWYER (BUT NOT JUST THE PERSONAL INJURY LAWYER: WEBINAR 9th OCTOBER 2025
In recent weeks this blog has looked at a number of cases where evidence from social media sources has played a key role in the outcome of a civil case. These issues are is not confined to personal injury litigation. …
MAZUR MATTERS 4: DOES MAZUR COVER ANYTHING PRIOR TO THE ISSUE OF PROCEEDINGS? THREE CASES THAT CONSIDER THE ISSUE
The webinar on Friday the 3rd October will deal with many of the major issues that arise from the the decision in Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB). Here we consider the issue relating to…
EXPERT WATCH 16: IS PART 35 PERMISSION NEEDED WHEN A DOCTOR GIVES OPINION EVIDENCE AS TO A PARTY’S ABILITY TO PARTICIPATE IN LITIGATION?
Here we look at a case where a party was seeking a stay of litigation on medical grounds. Medical evidence was provided which supported the litigant’s stance. The claimant took objection to the report as it contained “opinion” and the…
COST BITES 294: “A DETAILED ASSESSMENT IS NOT THE FORUM TO RESCUE OR TO ATTEMPT TO CHANGE THE EFFECT OF A POORLY WORDED ORDER”: THE COURT WOULD NOT CONSIDER ASSERTIONS OF POTENTIAL FUNDAMENTAL DISHONESTYOF THE PRIMARY ACTION ON ASSESSMENT
Here we are looking at an attempt by a paying party defendant to raise issues of conduct, including potential fundamental dishonesty, at the assessment of costs stage. The defendant argued (or attempted to argue) that the costs judge should take…
MAZUR MATTERS 2: THE ROLE OF THE SOLICITORS REGULATORY AUTHORITY : THE REGULATOR THAT GOT THE LAW WRONG AND IS NOW “PONDERING” WHAT TO DO…
The webinar on Friday the 3rd October will deal with many of the major issues that arise from the the decision in Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB). One interesting aspect of the case is…
THE JOINT EXPERT AND THE MEETING OF EXPERTS: WEBINAR 1ST OCTOBER 2025: WITH SOME IMPORTANT RECENT DEVELOPMENTS CONSIDERED
There have been some interesting decisions this year about the significance of the joint meeting of experts and also about the role of the “joint expert”. These decisions will be looked at in this webinar as they highlight the importance…
PROVING THINGS 269: PROVING THAT A SOLICITOR WAS DISHONEST: IS TURNING A “BLIND EYE” ENOUGH?
This is an important and interesting case about findings of dishonesty on the part of a practising solicitor in their failure to make relevant checks on the background of their client. It was not suggested that the solicitor was aware…
MAZUR MATTERS 1: THE PENALTIES FOR NON-QUALIFIED STAFF CONDUCTING LITIGATION (AKA “HOW MUCH TIME COULD I SERVE”)
The webinar on Friday the 3rd October will deal with many of the major issues that arise from the the decision in Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB). However it is clear that it…
SERVICE POINTS 11: A PARTY CANNOT SIMPLY MAKE UNILATERAL DECISIONS AS TO SERVICE WHICH OVERRIDE SPECIFIC COURT ORDERS
When a court makes an order as to the means of alternative service it expects the party in question to comply with that order. Here we have a case where the claimant decided on a different means of “serving” the…
A REMINDER: WEBINAR ON THE PRACTICAL IMPLICATIONS OF MAZUR (AND HOW TO AVOID SOLICITORS BREAKING THE CRIMINAL LAW WHEN USING NON-QUALIFIED STAFF): 3rd OCTOBER 2025
The fallout, concern and – dare I say it – recriminations in relation to the decision in Mazur v Charles Russell Speechlys continues. There has been a lot of commentary already. This webinar aims to look through the “chatter” by concentrating…
WHEN A WITNESS COULD NOT SPEAK ENGLISH: A STATEMENT PREPARED SO BADLY THAT AN ADJOURNMENT WAS NECESSARY
It is fitting that on witness evidence Wednesday we are also looking at a case where there was a wholesale failure to comply with the rules relating to evidence from those whose primary language is not English. The breaches in…
THE CIVIL LITIGATION BRIEF TOOLBOX SERIES 3: WHERE DO YOU LOOK IF YOU WANT (OR WANT TO OPPOSE) AN APPLICATION THAT A TRIAL BE ADJOURNED BECAUSE A PARTY OR WITNESS IS ILL?
The motivation for this series arises from a personal experience earlier this year. I had travelled to a hotel in readiness for a trial the following day. At midnight I found out that the other side were asking for an…
THE PRACTICAL IMPLICATIONS OF MAZUR CONSIDERED: HOW NOT TO BREAK THE CRIMINAL LAW BY USING NON-QUALIFIED STAFF… WEBINAR 3rd OCTOBER 2025
I have written three posts on the decision in Mazur v Charles Russell Speechlys already. This judgment has profound practical implications for the profession in the way it manages cases and supervises staff. This webinar on the 3rd October 2025…
A DECISION OF PROFOUND PRACTICAL IMPORTANCE TO SOLICITORS: WHEN IS SOMEONE EMPLOYED BY A SOLICITOR ENTITLED TO “CONDUCT” LITIGATION? A HIGH COURT DECISION THAT WILL HAVE WIDESPREAD RAMIFICATIONS
We are looking at a High Court decision that could have major ramifications for the way in which firms of solicitors organise their practices. In particular in relation to the qualifications of staff who conduct litigation, what is meant by…
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