THE JOINT EXPERT AND THE MEETING OF EXPERTS: WEBINAR 1ST OCTOBER 2025: WITH SOME IMPORTANT RECENT DEVELOPMENTS CONSIDERED

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…

WITNESS EVIDENCE WEDNESDAY: WHEN PEOPLE ARE GIVING EVIDENCE OF SOMETHING THAT HAPPENED 12 1/2  YEARS PREVIOUSLY (AND SOME OF THEM WERE CHILDREN)

WITNESS EVIDENCE WEDNESDAY: WHEN PEOPLE ARE GIVING EVIDENCE OF SOMETHING THAT HAPPENED 12 1/2 YEARS PREVIOUSLY (AND SOME OF THEM WERE CHILDREN)

Here we are looking at judicial fact finding when a judge was considering witness evidence as to an accident that had happened some 12 1/2 years before the date of the trial. Like many such accidents it happened in  a…

Book Review: Andrew and the Marvellous Analytical Engine by Andrew Hogan: An intelligent book about artificial intelligence & lawyers

Book Review: Andrew and the Marvellous Analytical Engine by Andrew Hogan: An intelligent book about artificial intelligence & lawyers

Readers may know my colleague Andrew Hogan as the author of the extremely useful “Costs Barrister” blog.  Subscribers to LinkedIn may well follow his regular activities and photos of Labradors & other canines (which he tells me prove to be…

SOCIAL MEDIA AND CIVIL EVIDENCE: ITS USE IN A TRIAL ABOUT... SCAFFOLDING

SOCIAL MEDIA AND CIVIL EVIDENCE: ITS USE IN A TRIAL ABOUT… SCAFFOLDING

Many of the cases relating to civil evidence and social media involve “drama” of some sort, particularly in relation to allegations of fundamental dishonesty and fraud.  Here we look at the use of social media in a different, but still…

THERE IS NO END TO THE MATERIAL THAT LITIGANTS CAN PUT ON SOCIAL MEDIA: FIND SOMEONE TO LIE FOR ME... ALL RECORDED ON FACEBOOK

THERE IS NO END TO THE MATERIAL THAT LITIGANTS CAN PUT ON SOCIAL MEDIA: FIND SOMEONE TO LIE FOR ME… ALL RECORDED ON FACEBOOK

We are taking a closer look at the judgment on fundamental dishonesty.  I want to hone in on the issue of  the evidence provided by social media, in this case Facebook.  This case is an almost textbook example of a…

WILL AN INSURER PAY FOR THIS? THE THIRD PARTY RIGHTS AGAINST INSURERS ACT 2010, THE ROAD TRAFFIC ACT, THE MIB AND OTHER ROUTES TO OBTAINING PAYMENT: WEBINAR 16th SEPTEMBER 2025

WILL AN INSURER PAY FOR THIS? THE THIRD PARTY RIGHTS AGAINST INSURERS ACT 2010, THE ROAD TRAFFIC ACT, THE MIB AND OTHER ROUTES TO OBTAINING PAYMENT: WEBINAR 16th SEPTEMBER 2025

The new series on enforcement on this site shows the major problems a successful litigant can have even after they have obtained a judgment. This webinar looks at the routes by which a claimant can attempt to  investigate or ensure…

THE JUDGE DID NOT GET WRITTEN SUBMISSIONS - FILED IN TIME -  BEFORE THEY WROTE THEIR FINAL JUDGMENT: IS THIS UNFAIR?

THE JUDGE DID NOT GET WRITTEN SUBMISSIONS – FILED IN TIME – BEFORE THEY WROTE THEIR FINAL JUDGMENT: IS THIS UNFAIR?

Here we are looking at a case where the appellants argued that a decision was unfair because, although they had lodged submissions on key issues in time, these did not reach the judge until after they had written their judgment….

SERVICE POINTS 3: THE CLAIMANT COMES TO GRIEF OVER FAILURES OF SERVICE OF THE CLAIM FORM:  THE COURT MADE MISTAKES BUT THE BUCK STOPS WITH THE SOLICITORS AND NOT THE COURT OFFICE

SERVICE POINTS 3: THE CLAIMANT COMES TO GRIEF OVER FAILURES OF SERVICE OF THE CLAIM FORM: THE COURT MADE MISTAKES BUT THE BUCK STOPS WITH THE SOLICITORS AND NOT THE COURT OFFICE

I remain surprised about how many of the cases relating to service of the claim form are professional negligence actions.   Perhaps those who conduct such work come to believe they have a degree of immunity from the normal rules of…

DISCOUNTS FOR MEMBERS ON THE CIVIL LITIGATION BRIEF SERIES OF WEBINARS: THE CODE

DISCOUNTS FOR MEMBERS ON THE CIVIL LITIGATION BRIEF SERIES OF WEBINARS: THE CODE

As promised in the previous post, here is the discount code for the Civil Litigation Brief series of webinars.   The webinars include topics such as cost effective delegation, attendance notes, the liability of insurers to pay judgments, the joint expert…

MEMBER NEWS: DISCOUNTS FOR MEMBERS ON THE CIVIL LITIGATION BRIEF SERIES OF WEBINARS

There are a series of webinars coming up which cover many of the key aspects we look at on this site.  Members who subscribe to the site can now obtain a discount on each of the webinars, with further discounts…

MY WITNESSES HAVE MADE  STATEMENTS BUT WILL NOT ATTEND THE TRIAL: WHAT IS THE JUDGE GOING TO INFER? SECTION 2(4) OF THE CIVIL EVIDENCE ACT 1995 CONSIDERED

MY WITNESSES HAVE MADE STATEMENTS BUT WILL NOT ATTEND THE TRIAL: WHAT IS THE JUDGE GOING TO INFER? SECTION 2(4) OF THE CIVIL EVIDENCE ACT 1995 CONSIDERED

Here we are looking at a case where the claimant served witness statements that he said he was going to rely on.  It only became apparent part way through the trial that the claimant was not, in fact, going to…

RELIEF FROM SANCTIONS GRANTED AFTER CLAIMANTS BREACHED PEREMPTORY ORDER: RETIRED FOOTBALLERS ALLOWED TO STAY ON THE FIELD...

RELIEF FROM SANCTIONS GRANTED AFTER CLAIMANTS BREACHED PEREMPTORY ORDER: RETIRED FOOTBALLERS ALLOWED TO STAY ON THE FIELD…

We are looking today at a case with an unusual, if not extraordinary, procedural history.  The Master observed that the claimants had been very poorly represented in the past:  “It is abundantly clear from the succession of retainers and instructions…