THE NEW SRA GUIDANCE ON SUPERVISION 7: RECORDING ARRANGMENTS (IF IT ISN’T WRITTEN DOWN IT HASN’T HAPPENED…)
We are returning to the SRA Guidance on Effective Supervision, this time looking at the importance that is given to recording the supervision arrangements. It is clear that the SRA expects these to be written down. I have provided a…
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…
AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (1): THE EVIDENCE AS TO THE MERITS: THE JUDGE SHOULD NOT HAVE CONDUCTED A “MINI TRIAL”
A defendant applying to set aside a properly obtained default judgment has a number of hurdles to clear. The court will consider the “merits” of the proposed defence, the reason for the delay, “promptness” and then go on to consider…
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…
EXPERT WATCH 51: THE EXPERT VALUERS SHOULD HAVE GONE INTO THIS EXERCISE “BLIND” – THEIR CREDIBILITY WOULD BE “MUCH IMPROVED”
In this case the judge expressly sets out a method of instructing the experts which would have been of more assistance to the court. In essence that the valuation experts should have been instructed, initially, without any knowledge of the…
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…
A NEW SERIES OF USEFUL ONLINE CALCULATORS FOR LITIGATORS AND THE LEGAL PROFESSION (WITH A 20% DISCOUNT FOR CLB READERS): MAKING IT ALL ADD UP
Regular readers will know that a recurring theme of this blog is the number of ways in which a case can go wrong, and how often the damage is done by something that should have been straightforward. A multiplier, an…
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….
PROVING THINGS 292: CLAIMANT ORDERED TO PROVIDE SECURITY FOR COSTS: NO “HUMAN SOURCE” FOR THE MATERIAL PROVIDED: THE IMPORTANCE OF GIVING THE SOURCE OF INFORMATION AND BELIEF
Here we are looking at another case where the court considered the burden of proof in an application for security for costs. In this case the claimant was ordered to provide security. An interesting feature is the identified failure of…
THE KEY CASES IN FATAL ACCIDENT DAMAGES 2026: WEBINAR ON THE 24th JUNE 2026
You could study the Fatal Accidents Act for a long time, decades even, and have no clue at all as to how damages are assessed. This is because the relevant principles are in set out in case law. A detailed…
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. …
THROWBACK FRIDAY: THINGS THAT LAWYERS DO TO ANNOY JUDGES: (JUNE 2016) (A SPOILER – SCOWLING AND POUTING WHILE THE JUDGE GIVES THEIR DECISION DOESN’T GO DOWN TOO WELL)
Here we look back to a post from June 2016. It is a summary of guidance given by a Canadian Judge. The link to the original post on the matter is now defunct. However the summary given here gives the…
DESIGNATED CIVIL JUDGES SHOULD BE CAREFUL WHO IS GIVEN THE TASK OF TRYING COMPLEX TRIALS: COURT OF APPEAL MISSIVE TO DESIGNATED CIVIL JUDGES (& MANY OTHERS…)
Here we look at some comments made yesterday by the Court of Appeal. The court allowed an appeal by a defendant in a personal injury case. The case was heard by a Deputy District Judge. The court was clear that…
PROVING THINGS 291: WHAT WEIGHT DOES A JUDGE GIVE TO WITNESS STATEMENTS WHEN THE WITNESSES DO NOT ATTEND TRIAL AND (THE JUDGE FINDS) THERE IS NO GOOD REASON FOR THIS?
We have looked many times at issues relating to the weight a judge gives to a witness statement when the witness does not, in fact, attend trial. We have an example here. The judge found that there was no good…
BOTH SIDES WANTED A STRIKE OUT FOR NON-COMPLIANCE – BUT GOT NOWHERE (A FAIRLY EXPENSIVE – AND FRUITLESS DAY OUT…): “LOCKED HORNS” AND “SPIRITED CORRESPONDENCE”
Here we have applications to strike out by both sides for alleged non-compliance with a court order. The judge described the defendants’ application as “aggressive” and the claimant’s application as a “tit for tat” application. Ultimately, however, we are looking…
THE CURRENT IMPORTANCE OF PLEADINGS 81: IF YOU ARE RELYING ON A STATUTE THAT WASN’T ACTUALLY IN FORCE ON THE DATE IN QUESTION IT MAY HAVE BEEN BETTER FOR YOU TO HAVE PLEADED THIS…
Here we have an unusual case where the trial judge’s findings in favour of the defendant were overturned on appeal. One particular feature of this case is the fact that the claimant relied on a statute that was actually in…
WITNESS EVIDENCE WEDNESDAY: CLAIMANT’S WITNESS STATEMENT WAS SUFFICIENT TO SHOW THAT IT COULD PAY AN ADVERSE COSTS AWARD: APPLICATION FOR SECURITY FOR COSTS REFUSED
An assessment of the degree to which a judge can disbelieve witness evidence in writing plays a major part in the judgement we are looking at here. The claimant’s witness gave evidence that it was solvent and would be able…
COST BITES 402: DOES THE FACT THAT LEGAL FEES HAVE BEEN PAID BY RELATIVES MEAN THAT A RESPONDENT IS NOT LIABLE TO PAY COSTS? THE INDEMNITY PRINCIPLE CONSIDERED
Here the court considered an argument that the indemnity principle meant that an unsuccessful respondent was not liable to pay the appellant’s costs. It was clear that the fees in question had been paid by family members and not the…
ASSESSORS IN THE COURT OF APPEAL IN ADMIRALTY CASES: WHY WERE THEY NECESSARY? APPELLANTS MAY HAVE SUFFERED FROM THAT SINKING FEELING …
I don’t know if there are many shipping lawyers who read this site. Here we have a very niche part of a judgment in relation to Admiralty Court procedure. The appeal was originally adjourned because there appeared to be a…
DEFENDANT GIVEN PERMISSION TO WITHDRAW FROM ADMISSIONS: THE SOLICITORS CONDUCT WAS A “MATTER OF VERY REAL CONCERN” – BUT THE APPLICATION WAS GRANTED
Applications to withdraw from admissions often give rise to controversy. Here a defendant to a clinical negligence made such an application very late and on the grounds that there had been a change of expert and thus a change 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…
PERSONAL INJURY POINTS 16: A TRIAL ALL ABOUT CONTRIBUTORY NEGLIGENCE: THE PRINCIPLES CONSIDERED AND APPLIED
For many years this blog has taken a particular interest in cases about contributory negligence. This partly because the issue is not dealt with in detail in many places and secondly because of the major practical consequences contributory negligence can…
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…
FATAL ACCIDENT CLAIMS: ENSURING EVERYTHING GOES RIGHT: WEBINAR 17th JUNE 2026
Fatal accident litigation is fraught with procedural and evidential pitfalls. This webinar highlights the areas where cases most commonly go wrong and provides practical guidance on how to avoid costly mistakes. It provides a comprehensive series of checklists of the…
MAZUR MATTERS 63: THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION: HIGHLIGHTING THE CHANGES AND THE NEW ELEMENTS THAT ARE IMPORTANT TO LITIGATORS
The SRA have today published updated guidance on Effective Supervision. There are changes and additions to the pre-existing guidance. Some of these are subtle, others are major. We will look at elements of the guidance in detail in later posts. …
WHEN A LAWYER MAKES A WITNESS STATEMENT FOR THEIR CLIENT: THEY MAY BELIEVE IT TO BE TRUE, BUT IT IS A VERY DIFFERENT MATTER TO PROVIDING EVIDENCE FROM SOMEONE WITH DIRECT RELEVANT KNOWLEDGE
This is the second post on witness evidence and the preparation of witness statements today. It is in a very different context to the first. Here we look at a case in the Intellectual Property List where a judge considered…
WHEN A JUDGE DESCRIBES THE WAY IN WHICH A WITNESS STATEMENT WAS DRAFTED AS “ALARMING” IT IS CLEAR THAT THINGS ARE GOING WRONG
Here we have a case where the judge uses the word “alarmingly” to describe the way in which a witness prepared their witness statement. It transpired that only part of the statement was the witnesses’ evidence, the rest had been…
A CLAIMANT’S APPLICATION FOR AN ANONYMITY ORDER AND THE APPLICATION TO BE HEARD IN PRIVATE WAS REFUSED
This is a case where the principles relating to anonymity orders and private hearings were considered in detail. The claimants applications was largely refused. The only concession being a restriction on disclosure of the claimant’s address. It is important (if…
THROWBACK FRIDAY: WHEN A CLAIMANT FAILED TO PROVE ANY LOSS AND ATTEMPTED TO USE A LAY WITNESS AS AN EXPERT (JUNE 2018):”THERE IS NO ADMISSIBLE EVIDENCE OF ANY LOSS”
We have seen recent examples of cases where parties have failed to prove that they have suffered any loss. The attempts by lay witnesses to give “expert” evidence is also a recurrent theme in this blog. Here we go back…
PARTS OF A DEFENCE WERE STRUCK OUT AS AN ABUSE OF PROCESS: THE DEFENDANT COULD NOT ATTEMPT TO REARGUE FACTUAL ISSUES THAT HAD BEEN DETERMINED BY A TRIBUNAL
Here we have a case where parts of a defence were struck out, in relation to two of the claimants, because of issue estoppel. The defence was trying to re-argue factual issues which had already been determined by a tribunal. …
PROVING THINGS 290: THE DEFENDANT HAS SUFFERED A LOSS BUT HAS NOT BROUGHT ANY EVIDENCE TO COURT TO PROVE IT…
It is wise to remember that a counterclaiming defendant has the same evidential burden in proving loss as a claimant. Here the judge found that claimant in breach of duty – but found that there was insufficient evidence to prove…
“ADVOCACY – THE JUDGE’S VIEW”: SOME RECAPS BEFORE THE START OF A NEW SERIES: SERIES 1 REVIEWED: (AND WHY THIS IS RELEVANT TO EVERY LITIGATOR…)
We have had three series on advocacy on this site. They have all been from the viewpoint of judges. Looking at guidance given by judges throughout the world. The point being that judges are not your clients, but they are…
CIVIL LITIGATION 2026: A TWELVE POINT SURVIVAL GUIDE UPDATED: 12 YEARS ON AND ALL OF THIS IS STILL RELEVANT
In July 2014 I wrote a 12 point “Survival Guide” for litigators. This was a guide to procedural safety following the Court of Appeal on from the decision in Denton. Re-reading this today all the points remain relevant. Today is…
WITNESS EVIDENCE WEDNESDAY: CLAIMANT’S EVIDENCE FAILS TO ESTABLISH THE FACTUAL CASE SET OUT IN THE PARTICULARS OF CLAIM
Here we have an example of another case which rested, more or less totally, on the claimant’s accuracy of recollection. I am grateful to Patrick Limb KC for drawing my attention to the judgment. The claimant (looking back to events…
EXPERT WATCH 50: THE EXPERT SHOULD HAVE GIVEN HIS TRUE OPINIONS EARLIER – NOT WAITED UNTIL CROSS-EXAMINATION
Experts faced with evidence that appears to contradict their earlier views often face a dilemma. In particular they need to consider whether their earlier conclusions remain valid. We have an example here where the judge was critical of the expert’s…
FUNDAMENTAL DISHONESTY ESTABLISHED AT TRIAL: IT WAS NOT A SUBSTANTIAL INJUSTICE TO DISMISS THE CLAIM
The judge in this case had little difficulty in finding the claimant fundamentally dishonest. Further, although the claimant had suffered some injuries, dismissing the claim was did not give rise to “substantial injustice”. “In my judgment the Claimant’s dishonesty was…
EXPERT WATCH 49: EXPERT EVIDENCE IS “UNUSUAL” AT AN INTERLOCUTORY HEARING: “THIS MIXTURE OF OF SUBMISSIONS AND OPINION WAS NOT CPR 35 COMPLIANT EXPERT EVIDENCE”
Here we look at part of a judgment that dealt with expert evidence. The Master was clear that a party could not rely on expert evidence without permission. The use of such evidence is “unusual” in an interlocutory application. Further…
COST BITES 399: WHEN THE COSTS OF THE LITIGATION ALMOST ENTIRELY CONSUME THE VALUE OF THE ESTATE BEING SUED:
This is another case that litigators and litigants need to read. An action against an estate led to the net value of the estate being “almost entirely” consumed by costs. During the course of the litigation the (unsuccessful) claimant already…
IF YOU ARE ASKING FOR AN EXPEDITED TRIAL – MAKE SURE YOU ARE AVAILABLE…: JUDGE SAYS THE PARTIES SHOULD HAVE CHECKED THIS ISSUE
Here we are looking at a short, but important, point in relation to seeking an expedited trial. The parties agreed the need for a speedy trial and agreed the dates. However it turns out that neither of the leading counsel…
THROWBACK FRIDAY: “ADVOCACY – THE JUDGE’S VIEW: “AVOID BULLSHIT, SMOKE AND MIRRORS” (OH AND “WELL PADDED VANITY” (JUNE 2016
There have been several series on “advocacy – the judge’s view” on this blog. Here we look at the fourth post in the first series. Again we have the problem that the original links no longer work. However this summary…
WHOSE EXPERT EVIDENCE IS GOING TO BE ACCEPTED AT TRIAL? (CLINICAL NEGLIGENCE): WEBINAR 10th JUNE 2026
Expert evidence plays a critical and often decisive role in clinical negligence litigation, and the ability to assess such evidence is a core skill for litigators. This webinar examines the legal framework and case law governing the credibility and admissibility…
WITNESS EVIDENCE WEDNESDAY: ANALYSIS OF THE ROLE OF WITNESS EVIDENCE IN A CLINICAL NEGLIGENCE TRIAL
Much of the discussion in relation to clinical negligence cases is based on expert evidence and the standard of care (and rightly so). However it is important that practitioners do not overlook the vital role played by witness evidence. Those…
DO LAWYERS (AND EXPERTS) LIKE CHECKLISTS THAT ENSURE COMPLIANCE WITH THE RULES? WELL, I MAY HAVE A TREAT FOR YOU TOMOPRROW
Checklists are always a feature of discussions I have with publishers and legal professionals. I have prepared have created a whole series of checklists for lawyers (9 in total) and a series for experts (6), plus a “Judicial Red Flags”…
SERVICE POINTS 45: A SOLICITOR FAILS TO CHECK THE CE FILE AND 5,000 CLAIMS GO UP IN SMOKE: SEVERAL IMPORTANT LESSONS HERE, INCLUDING THE NEED TO MAKE AN APPLICATION FOR RELIEF PROMPTLY…
This case, where judgment was given today, is essential reading for anyone litigating using CE-File. It is also essential to anyone involved in group litigation. This is a case where 5,000 claimants were refused relief from sanctions. That initial difficulty…
WHAT HAPPENS WHEN A PARTY DOES NOT RESPOND TO A NOTICE TO ADMIT FACTS (THERE IS NO “DEEMED ADMISSION”) PLUS ANOTHER POSSIBLE “HALLUCINATED” “FICTITIOUS” RULE
This case has two important practical points. Firstly (contrary to the case put forward by the claimant) a failure to respond to a Notice to Admit facts does not give rise to an “implied admission” by the recipient of the…
AN EASY MISTAKE TO MAKE: HOW A CRUCIAL TIME LIMIT FOR APPEALING WAS MISSED: MISLABELLING OF THE FILES: THIS WAS NOT A “MINOR ERROR…”
Here we look at how a simple mistake in the naming of a file led to a potentially disastrous problem when it led to an appeal being out of time. The wrong documents were sent to the court when an…
You must be logged in to post a comment.