COST BITES 247: SHOULD A SOLICITOR RESPOND TO PART 18 QUESTIONS ABOUT THE PAYMENT OF COMMISSION? THE HIGH COURT CONSIDERS THE POINT TODAY
Here we are looking at another round in the solicitor-own client assessment war of attrition. The question was whether a solicitor, in a solicitor and own client assessment, should reply to Part 18 requests for further information about premiums paid…
BANK’S CLAIM AGAINST SOLICITORS FOR “CAUSING LOSS BY UNLAWFUL MEANS” IS NOT STRUCK OUT, NOR ARE THE SOLICITORS GRANTED SUMMARY JUDGMENT: A LOT TO THINK ABOUT HERE
We are looking at a judgment from today where a bank has brought a claim against a firm of solicitors arguing that they have caused the bank loss because of the number and nature of complaints made by the solicitors’…
IS THIS APPEAL “ACADEMIC” AND SHOULD IT BE ALLOWED TO PROCEED? COURT OF APPEAL DONS ITS THINKING CAP…
We are looking at this Court of Appeal decision for the second time. Here we look at the Court’s consideration of an argument that an appeal should not proceed because the arguments were “academic”. There are important points considered here…
PERSONAL INJURY POINTS 9 : COURT OF APPEAL CONSIDER ISSUES OF LIABILITY FOR INJURIES CAUSED IN A RUGBY MATCH: WHAT IS THE APPROPRIATE LEGAL TEST?
There are relatively few cases in which the Court of Appeal looks at civil claims for injuries caused in the course of sporting activity. We are looking at such a case here. The Court addresses the question of what standard…
HOW FAR IS A TRIAL JUDGE BOUND TO FOLLOW THE VIEWS OF A JOINTLY INSTRUCTED EXPERT? WELL – READ THIS FOR SOME TRENCHANT VIEWS…
When the parties jointly instruct an expert how far is the judge “bound” by the views that the expert reaches? This is an issue we are looking at for the second time within 6 days. We have an interesting consideration…
THE CURRENT IMPORTANCE OF PLEADINGS 20: CLAIMANT’S COSTS REDUCED BY 50% BECAUSE OF THE NATURE OF THE PLEADED CASE (OR… HOW TO LOSE £3.3 MILLION IN COSTS…)
Today we are looking at a case where a successful claimant’s cost were halved because of its “vague and expansive” pleadings, coupled with a failure to “specify with clarity and precision” what its case was. (Half a sixpence…
WHEN A PARTY WANTS AN ADJOURNMENT: THE PRINCIPLES CONSIDERED
The law on adjournments sought for health reasons is relatively clear. Knowledge of the principles (or at least where to find them easily) is an essential part of the litigator’s toolkit, not least because applications tend to come “out of…
DOES THE HEADING MATTER? IS A PART 18 REQUEST VALID IF IT DOES NOT COMPLY WITH THE RULES?
What should the court’s approach be if a party serves a Part 18 request but, for various reasons, it does not comply with the rules? The respondent to the request in this case took the point. The Master had to…
THE WRONGFUL SHARING OF EMBARGOED JUDGMENTS: “A WARNING TO ALL SOLICITORS”: ANOTHER LAYER OF RESPONSIBILITY AND ISSUES TO CONSIDER
Cases relating to the wrongful sharing or disclosure of embargoed judgment have become a surprisingly common feature of litigation in recent times. Here we look at another High Court decision where this has happened. The judge states that there are…
FATAL CLAIMS: ENSURING EVERYTHING GOES RIGHT: WEBINAR 27th JUNE 2025
We have had an example earlier this month of things going badly wrong in a fatal claim, that led to a wasted costs order against the solicitors. This webinar looks at the potential problem areas of fatal accident litigation and…
HEARINGS WHEN WITNESSES GIVE EVIDENCE FROM ABROAD: SOME POINTS FOR PRACTITIONERS (AND JUDGES) TO WATCH: “IT WOULD ASSIST THE LOWER COURTS IF FORMAL CLARIFICATION IS GIVEN ADDRESSING THAT TENSION HEAD ON”
There have been a number of cases where litigants have run into difficulties because they have not complied with the requirements for witnesses who give evidence remotely from abroad. We see an example of this case where there a conflict…
PROVING THINGS 266: THE BURDEN OF PROOF, HEARSAY EVIDENCE AND WHEN EVIDENCE IS NOT “EXPERT EVIDENCE”: ALSO THE IMPORTANCE OF SERVING A NOTICE OF NON-AUTHENTICITY
We are looking, again, at a case where there were issues as to evidence. Part of the defendant’s case was that the evidence was not admissible or was hearsay. The defendant’s arguments did not prosper. Hearsay is admissible, the real…
PROVING THINGS 265: SPEND SIX WEEKS IN COURT, WIN ON LIABILITY AND RECEIVE NOTHING IN DAMAGES: TOY STORY – THE SCARY VERSION
Here we have a case where the claimant spent some six weeks in court, established that the defendant was in breach, but recovered nothing in damages. It may well be an object lesson in failing to prove loss. (A photo taken…
AVOIDING NEGLIGENCE CLAIMS IN LITIGATION: A LAWYER’S GUIDE 2O25: WATCH THIS SPACE…
Back in 2013 I wrote a series about avoiding negligence claims in litigation. This is an appropriate time to update and refresh that series (with the benefit of hindsight perhaps I should have done that annually). Some of the…
ANOTHER CASE ON ARTIFICIAL INTELLIGENCE AND “HALLUCINATED CASES”: PLUS THERE MAY BE “MISCHIEF” IN THE BACKGROUND
A few weeks ago I was cagey in reporting a case about AI generated false authorities because I could not believe any lawyer could do this and was wary of the accuracy (indeed authenticity) of the report. Today I am…
LITIGATION, INSOLVENT SOLICITORS, FUNDERS, NEGLIGENCE, INSURERS – AND THE SCOPE OF DISCLOSURE UNDER PD57AD: A LOT OF OF LITIGATION LIFE IS CONSIDERED IN THIS COURT OF APPEAL DECISION
For the second time today we are looking at a case involving the fallout following solicitors being involved in litigation and the funding thereof. It also involves companies in administration and allegations of cases being mishandled. The sums involved are…
THE CURRENT IMPORTANCE OF PLEADINGS 19: AN UNKIND OR CYNICAL READER OF THE DEFENCE “MIGHT BE TEMPTED TO CONCLUDE THAT THEIR VERY COMPLEXITY AND LENGTH WERE INTENDED TO CONCEAL THE LACK OF ESSENTIAL SUBSTANCE AT THEIR VERY HEART”
We are looking at a case where – in no short measure – the judge was highly critical of the defendant’s pleadings. They were described as “the very antithesis” of the paradigm urged upon pleaders by the guidance given in…
THE CURRENT IMPORTANCE OF PLEADINGS 18: SOLICITORS, OUTSOURCING AGREEMENTS, PLEVIN CLAIMS AND A PLEADING POINT ON A DAMAGES CLAIM: THERE IS MUCH TO CONSIDER HERE
The case we are looking at today has many levels. It involves the falling out of two entities that were involved in “mass litigation” for thousands of claimants. It shows something of the nature of this type of litigation. Arguably…
WHEN THE JOINTLY INSTRUCTED EXPERT REPORT IS OF “LITTLE OR NO” ASSISTANCE TO THE COURT: A CASE IN POINT
The courts encourages the use of jointly instructed experts However this does not mean that the case, or even key issues in the case, are necessarily determined by those experts. Here we have a case where the judge held that…
“NO ONE CAN EXPECT SOLICITORS TO PAY FOR VEHICLE INSPECTION REPORTS PRODUCED BY SOMEONE OPERATING UNDER A PSEUDONYMN”: SOME INTERESTING ISSUES HERE
This is a case of many layers. It relates to an initial application to restrain the presentation of a winding up petition. The respondent asserted that they did not have no notice of the application and sought to set the…
SUBSCRIBER NEWS: SOME COMMON QUESTIONS CONSIDERED: UPGRADING MEMBERSHIP, USING MEMBERSHIP ON DIFFERENT DEVICES, CHANGING MEMBERS AND MEANS OF SUBSCRIPTION
It is eight days since CLB became a subscription site. I’m glad to say that the numbers visiting the site have not gone down and the membership system is working well. There are a number of common questions I am…
WHICH EXPERT WITNESS IS GOING TO BE PREFERRED? ONE EXPERT TOOK AN “UNREALISTIC APPROACH”
Knowing the reasons why a judge may prefer the evidence of one expert over another is an important part of a litigator’s skill. Each case is, of course, fact specific, but there are clear trends that can be discerned. Here…
WHAT ARE THE CONSEQUENCES WHEN A WITNESS BREAKS THE “PURDAH” RULES? THE ISSUES CONSIDERED IN THE HIGH COURT
The “purdah” rule – that a witness cannot discuss the case and their evidence with others, including their legal team, once they have started giving evidence is of utmost significance. Here we are looking at a case where a witness…
WASTED COSTS ORDER MADE AGAINST SOLICITORS WHO HAD PURSUED A “HOPELESS” CASE: ATTEMPTS TO RELY ON PRIVILEGE WERE A RESORT TO A MERE “FIG LEAF”
It is rare for a wasted costs order to be made against a solicitor for pursuing what is seen as a “hopeless” case. However we have such an order in the case we are considering here. The Master found the…
THE RULES OF COURT DO NOT ALLOW A PARTY TO COMPEL ITS OPPONENT TO EXPLAIN HOW ERRORS WERE MADE IN WITNESS STATEMENTS:
Can the court compel a party to file a witness statement explaining, in detail, why mistakes were made in earlier witness statements? That was the issue considered in the case we are looking at today. The judge considered the provisions…
ARE SOLICITORS WORKING ON A CONDITIONAL FEE AGREEMENT IN THE SAME BASIC POSITION AS CAR HIRE COMPANIES? THE COURT OF APPEAL CONSIDER THE POSITION
We may well be mining the Court of Appeal decision on the liability of car hire companies for costs across a number of further posts. Here, however, we are taking a look at the sections in the judgment that considered…
A COURT ORDER SO AMBIGUOUS THAT IT WAS IMPOSSIBLE TO ENFORCE : SOME ESSENTIAL POINTS ABOUT DRAFTING HERE
Here we are looking at a Court of Appeal decision about the drafting and construction of court orders. The order made in this case was totally deficient, consequently it could not be enforced. (Absolute precision is demanded here…) “……
AN IMPORTANT POINT ABOUT TRIAL BUNDLES: REDACTION SHOULD NOT NORMALLY TAKE PLACE: IT MAKES THE COURT’S JOB MORE DIFFICULT
There is always room for another case about bundles on this site. It is a subject of endless fascination to most litigators, and endless frustration for many judges. Here we are looking at a case where the trial judge observed…
PROVING THINGS 264: CLAIMANTS FAIL TO PROVE THAT THEY ARE ENTITLED TO AN INJUNCTION: “THE EVIDENCE PRESENTED BY THE CLAIMANTS DOES NOT COME CLOSE TO DEMONSTRATING A COMPELLING JUSTIFICATION FOR THE ORDER”
We are looking at a case where there was clear example of a failure to prove things. The claimants did not have sufficient evidence to satisfy the court it should make the order they were seeking. In fact the judgment…
THE CORRECT PROCEDURE IF A PARTY WANTS TO ATTEMPT TO RELY ON “WITHOUT PREJUDICE” DOCUMENTS: THE EXCEPTIONS TO THE WP RULE CONSIDERED
We are looking at a judgment from today which considers the “without prejudice” rule in some detail. In particular the steps a party should take if it wishes to argue that it should be able to rely on without prejudice…
SHOULD THIS CASE HAVE BEEN STARTED IN THE LOW VALUE PERSONAL INJURY PROTOCOL? DID IT FALL OUTSIDE IT? THESE ISSUES CONSIDERED
The question of whether a case should have been started using the Low Value Protocol is often a difficult one. The lawyer for the claimant has to make a decision on this important issue without the benefit of any medical…
PROVING THINGS 263: “IT IS A FUNDAMENTAL PRINCIPLE OF LITIGATION THAT A CLAIMANT MUST PROVE THEIR LOSS… THEY MUST ALSO SATISFY THE COURT AS TO THE AMOUNT OF ANY LOSS WHICH THEY HAVE SUFFERED”
This series has now covered hundreds of examples where litigants have failed to prove their case. We are looking at another example here where a counterclaiming defendant adduced no substantive evidence of a claim said to be worth nearly £500,000. …
SOME QUICK NOTES ABOUT CORPORATE SUBSCRIPTIONS: NEW GROUP NUMBERS ADDED – YOU CAN NOW SUBSCRIBE FOR UP TO 1,000 SEATS (AND MORE BY ARRANGEMENT)
A number of people have been in touch asking whether the site can accommodate larger groups than those set out in the original plan (someone has asked whether there can be “limitless” numbers on a subscription). As a result of…
A QUICK NOTE ABOUT CORPORATE MEMBERSHIP: HOW TO ADD COLLEAGUES (AND WHAT TO DO IF YOU WANT MORE THAN 50 MEMBERS)
This is the first day of this site as a subscription site and people have been very supportive. There have been very few teething problems. It will help if I address two issues: (i) how to add colleagues if you…
“ARTIFICIAL INTELLIGENCE” ON TRIAL: WHEN QUESTIONED CHAT GPT WILL TELL YOU ITS MADE THINGS UP: THIS IS “A HALLUCINATION RATHER THAN A REAL LEGAL AUTHORITY”
Artificial Intelligence and legal “research” has been very much in the news of late. I am grateful to my colleague Steven Turner for sending me an example where, upon being questioned, Chat GPT readily conceded that a case it had…
SHOULD A PARTY BE ABLE TO INSTRUCT THEIR OWN EXPERT WHEN THEY DISAGREE WITH THE REPORT OF A JOINTLY INSTRUCTED EXPERT? THE ISSUES CONSIDERED
Here we are looking at a case where a party, dissatisfied with the approach of a jointly instructed expert, applied to the court for permission to instruct their own expert. The judgment contains a useful summary of the relevant principles….
THE CURRENT IMPORTANCE OF PLEADINGS 16: THE CASE AGAINST ALL REMAINING DEFENDANTS WAS STRUCK OUT: THE CLAIMANT CANNOT SIMPLY PLEAD “SOMEONE HERE” MUST BE TO BLAME
We are looking at a case where the court struck out the claimant’s case against three defendants because of the inadequate way in which the case was pleaded. General assertions that someone here must be to blame were not sufficient. The…
BECOME A MEMBER TO KEEP UP TO DATE: THIS SITE IS BECOMING A MEMBERSHIP SUBSCRIBER SITE – MAKING CLB BIGGER AND BETTER
On the 10th June 2025* this site is becoming a membership site. All the past posts, and the vast majority of future posts will only be available to members who have joined. This post explains what readers need to do…
CITING FALSE CASES TO THE COURT 3: THE PROBLEMS, THE GUIDANCE AND THE PENALTIES: PERVERTING THE COURSE OF JUSTICE HAS A MAXIMUM SENTENCE OF LIFE IMPRISONMENT…
We are returning to (and not for the last time) to the Divisional Court judgment in relation to the citation of false authorities due to the use of Artificial Intelligence. The Court reviews the dangers, the guidance and the sanctions…
CITING “FALSE” CASES TO THE COURT 1: JUDGMENT ON THE CONTEMPT OF COURT HEARINGS 1: THE CASE OF AYINDE
This blog has already considered the case of Frederick Ayinde, R (on the application of) v The London Borough of Haringey [2025] EWHC 1040 (Admin) on several occasions. False (presumably AI generated) authorities were put before the court. That case,…
PROVING THINGS 262: CLAIMANTS DID NOT HAVE THE EVIDENCE AT TRIAL TO PROVE THE DAMAGES SOUGHT: AN EXHAUSTING JOB
This series may well be misnamed. A more apt description may well be “not proving things”. That is what we are considering in looking at the case today. There was a lengthy trial with a substantial claim for damages. The…
THE CURRENT IMPORTANCE OF PLEADINGS 15: THE CLAIMANT HAD NOT PLEADED AN ISSUE SHE WANTED TO RELY ON AT TRIAL: THE ISSUE WAS “NOT PURSUED”
This series is giving rise to more cases than I initially thought. Here we look at an example of a claimant wishing to pursue a specific line of argument but having to accept that it was not pleaded and that…
PARTS OF WITNESS STATEMENT STRUCK OUT – THIS “CARRIES NO WEIGHT AS EVIDENCE”:DOORS FIRMLY SHUT IN RELATION TO INADMISSIBLE COMMENTARY
If we had a pound for every word in witness statements served in just one single month that was irrelevant or inadmissible we could probably go a long way to paying off the national debt. The costs, however, are probably…
PART 35 QUESTIONS TO EXPERTS A POINT ABOUT THE CASE LAW: HOW FAR CAN THE QUESTIONS GO? A CLOSE LOOK AT THE COURT OF APPEAL DECISION IN MUTCH
The previous post about when experts should be called to give evidence also contained a consideration of the nature of questions that can be put to experts. One of my colleagues has suggested that the summary relating to the questioning…
WHEN SHOULD PARTIES BE ALLOWED TO CALL EXPERT WITNESSES TO GIVE EVIDENCE AT TRIAL? THE ISSUES CONSIDERED (IN THE FAMILY COURT)
When should the courts permit experts to give evidence at trial? There are few cases on this topic and today we are looking at a decision in the family courts. The case is relevant to civil practitioners in that it…
WITNESS STATEMENTS, FORGED DOCUMENTS AND A FINDING OF CONTEMPT OF COURT: A WHOLE BUNCH OF PROBLEMS
This is a case where the judge found that the claimant and a witness relied on documents that they knew to be forged. It is an important reminder of the lengths that some people can go to in litigation. It…
THE CURRENT IMPORTANCE OF PLEADINGS 14: THE DEFENDANT COULD GIVE EVIDENCE OF MATTERS THAT WERE NOT PLEADED
Today we are looking at a case where the judge rejected an argument that evidence could not be given because the particular issue had not been pleaded. The judge held that, on the facts of this case, the evidence was…
DOES EVERY DOG DESERVE ONE BITE? LIABILITY FOR ANIMALS – RECENT CASES CONSIDERED: WEBINAR 6th JUNE 2025
It is difficult to find anyone who has a good word to say about Section 2 of the Animals Act, this webinar looks at recent cases relating to liability for animals and the practical steps litigators can take when considering…
PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES 2025: WEBINAR 4th JUNE 2025
This webinar looks at recent cases in relation to periodical payments and periodical payments, including an interesting negligence case brought against solicitors who failed to claim provisional damages. Booking details are available here. It then looks at the…
THE JUDGE WAS WRONG TO GRANT THE DEFENDANT SUMMARY JUDGMENT IN A PERSONAL INJURY CASE: THIS SHOULD NOT BE A “MINI TRIAL”
Today we are looking at a case where the claimants were successful on appeal in overturning an order granting the defendant summary judgment. The case shows the limits of applications for summary judgment, in particular arguments that evidence was not…
You must be logged in to post a comment.