CLAIMANT NOT ENTITLED TO SECURITY FOR COSTS: APPLICATION BY A THIRD PARTY WAS NOT A “NEW CLAIM”
Normally only a defendant can apply for security for costs. In this case the claimant applied for security for costs when a third party made an application. The question for the court was – in these circumstances can the applicant…
NEW EDITION OF THE KINGS BENCH GUIDE: THE GENERAL CHANGES AND THE GUIDANCE ON ANONYMITY ORDERS
There is a new edition of the King’s Bench Guide. There are some additions and changes. In particular the Guide notes the difference between an application for an anonymity order made at an approval hearing and one that is not….
ANOTHER CASE OF SOMEONE BREACHING THE EMBARGO ON A DRAFT JUDGMENT: THE DRAFT SHOULD NOT BE HANDED OVER THE THE LAWYER’S MARKETING DEPARTMENT
It is difficult to believe that cases about lawyers accidently breaching a judgment embargo still happen. However the reports keep coming. Prominent firms of solicitors, and barristers’ chambers have, over the years fallen foul of the rules. In particular a…
CLAIMANT’S CLAIM AGAINST INSURER FAILS: THE INSURED’S FAILURE TO NOTIFY WAS A CONDITION PRECEDENT
Today we are looking at a case where the court considered the impact of The Third Party (Rights against Insurers) Act 2010 in detail. The court decided that the insurer was not liable to indemnify a claimant who had been…
DRAFTING SCHEDULES OF DAMAGES: EFFECTIVE DRAFTING AND AVOIDING THE PITFALLS: WEBINAR 29th APRIL 2025
Over the past few months we have looked at cases where claimants have claimed damages for working 24.4 hours a day, where the contents of a a schedule were found to amount to fundamental dishonesty and where a schedule was…
APPELLANT FILED APPEAL WITH TWO MINUTES TO SPARE: HOWEVER IT WAS FILED IMPROPERLY AND THE APPEAL DISMISSED: THE DANGERS OF HYPERLINKS…
The judgment of Mr Justice Dexter Dias in Kumar v The General Medical Council (Rev1) [2025] EWHC 820 (Admin) contains an important lesson for all litigants. An appellant left filing a notice of appeal until two minutes before the expiry…
£1 MILLION CASE AUTOMATICALLY STRUCK OUT: RELIEF FROM SANCTIONS REFUSED: THE FACT THAT THIS WAS A “ROGUE SOLICITOR” WAS NOT A STRONG ARGUMENT IN FAVOUR OF REINSTATEMENT
The judgment of HHJ Hassall in Mr Martyn Ian Haynes v Total Plant Hire Limited is available as a link on an article in the Law Society Gazette, available here. The case involves a detailed consideration of the Denton criteria. In particular some of the arguments on…
COST BITES 228 : DEFENDANT SOLICITOR TO PAY THE COSTS OF THE CLAIMANT ISSUING PROCEEDINGS SEEKING A STATUTE BILL
In Franklin v Your Lawyers Ltd [2025] EWHC 984 (SCCO) Acting Senior Costs Judge Rowley dismissed a defendant solicitor’s argument that it should recover its costs after its former client had issued proceedings seeking the delivery of a statute bill. …
THREE VERSIONS OF A BUNDLE MADE THE HEARING SO UNFAIR AS TO REQUIRE A REHEARING
If ever there was a case that emphasised the importance of bundles being checked prior to a hearing we see it here. In RP v Barnsley Metropolitan District Council [2025] UKUT 46 (AAC) Upper Tribunal Judge Edward Jacobs found that…
PROVING THINGS 260: COURT OF APPEAL JUDGMENT ON ADVERSE INFERENCES: “WE REJECT THIS NEW WAY OF PUTTING THE ADVERSE INFERENCE CASE”
I am grateful to David Platt KC for drawing my attention to the Court of Appeal decision in Alexander Johnstone v Fawcett’s Garage (Newbury) Limited [2025] EWCA Civ 467, in particular to the judgment in relation to adverse inferences. The Court of…
WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION: TEN KEY POINTS CONSIDERED: ACT PROMPLY, ACT PROPERLY AND DON’T TELL LIES
Legal Futures carries a report of a paralegal banned from the profession because she tried to cover up a mistake by lying to the court. This gives me a reason to reiterate points made regularly on this blog about what…
“THE DOG ATE MY HOMEWORK”: COURT REFUSES DEFENDANTS’ APPLICATION FOR RELIEF FROM SANCTIONS WHEN COSTS BUDGET WAS SERVED LATE: NOT DUE TO LATENESS BUT BECAUSE OF THE INADEQUATE BUDGET AND EXPLANATIONS GIVEN
In Stephen Herbert Hunt v Oceania Capital Reserves Limited & Ors [2025] EWHC 837 (Ch) Master Brightwell refused the second and third defendants application for relief from sanctions in a case where the costs budget was served late. However it…
PROVING THINGS 258: GENERIC WITNESS STATEMENTS RARELY IMPRESS A COURT: CLAIM FOR £50,190.24 REDUCED TO £1,197: A CAR CRASH OF A CASE
In David Wiltshire v Aioi Nissay Dowa Insurance Company of Europe [2025] EWCC 13 District Judge Lumb rejected most of the claimant’s claim for damages following damage to his car. The claimant’s oral evidence differed greatly from his witness statement. These differences…
PART 36 OFFER WAS VALID DESPITE THE FAILURE TO SPECIFY THE “RELEVANT PERIOD”: THE HISTORY OF OFFERS IS IMPORTANT
Important issues relating to the construction of Part 36 were considered in detail by Mr Justice Calver in Henderson & Jones Ltd v Salica Investments Ltd & Ors [2025] EWHC 838 (Comm). The claimant’s failure to specify the “relevant period”…
THE CURRENT IMPORTANCE OF PLEADINGS 5 : THE CLAIMANT CAN’T NOW ARGUE SOMETHING CONTRARY TO HIS OWN PLEADED CASE
We are looking at another case in which the pleadings played a significant part. In Daniel Maurice Wagner v Bright Station Ventures Management Limited [2025] EWHC 669 (KB) Mr Justice Sweeting rejected an argument from the claimant that was contrary…
APPLICATIONS TO ADJOURN A TRIAL BECAUSE OF ILL HEALTH: APPLICATION REFUSED BECAUSE THE MEDICAL EVIDENCE DID NOT ADDRESS SOME KEY ISSUES
In Nigel Mather & Ors v Lakbir Basran & Ors [2025] EWHC 438 (Ch) HHJ Hodge KC, sitting as a High Court Judge, refused the defendant’s application for an adjournment of the ongoing trial. The defendant had produced medical evidence…
UPDATE TO PROFESSIONAL USER GUIDANCE FOR THE DAMAGES CLAIMS PORTAL: SEE THE NEW DOCUMENT HERE
The Professional User Guidance for the Damages Claim Portal has been updated this month. Anyone using the Portal is best advised to have the new guidance to hand. THE UPDATED GUIDANCE The document from HMCTS can be found here…
NOW HERE’S AN UNUSUAL APPLICATION: COURT REFUSES DEFENDANTS’ APPLICATION TO APPROVE A SETTLEMENT REACHED WITH A CLAIMANT – WHO HAD CAPACITY
In David Forsyth v Craig Howson & Anor [2025] EWHC 653 (KB) HHJ Claire Evans (sitting as Judge of the High Court) refused an unusual application by the defendants. The claimant had capacity to litigate and yet the defendants sought an order…
CHANGE IN COURT FEES FROM 8th APRIL 2025: LINK TO THE PRACTICE DIRECTION
An earlier post set out the changes to court fees that are coming into force on the 8th April 2025. The Practice Direction that brings those changes into force has now been passed. THE PRACTICE DIRECTION The Court and…
THE COURT WOULD NOT ORDER A SPLIT TRIAL: FUZZY LINES, COSTS, PREJUDICE AND OTHER FACTORS MEAN ALL ISSUES SHOULD BE HEARD TOGETHER
In Tatiana Soroka v Payne Hicks Beach (A Firm) [2025] EWHC 602 (Ch) Master Kaye refused the claimant’s application for a split trial. The judgment considers in detail the guidance from the authorities and the matters the court should take into account….
ANOTHER BREACH OF THE EMBARGO ON A DRAFT JUDGMENT: REMEMBER THIS IS A CONTEMPT OF COURT
In John Sisk and Son Ltd v Capital & Centric (Rose) Ltd [2025] EWHC 594 (TCC) HHJ Stephen Davies (sitting as a High Court Judge) found that a party had breached the rules relating to the embargo on a draft…
AGENCY FEES AND MEDICAL REPORTS: JUDGE REFUSES TO ALLOW AGENCY PROFIT ELEMENT OF THE FEE: ANOTHER ROUND IN A CONTINUING BATTLE
I am grateful to Howard Dean of Keoghs, solicitors, for sending me a copy of the judgment of District Judge Morris in Smith -v- Portsmouth Hospital NHS Foundation Trust, a copy of which is available here. It is a case…
THE CURRENT IMPORTANCE OF PLEADINGS 3: EXPERT EVIDENCE WAS NOT NECESSARY, NOT PROPORTIONATE AND DID NOT REALLY RELATE TO THE PLEADED ISSUES
There is a consideration of the principles relating to the use of expert evidence in the judgment of Mr Justice Fancourt in Cohen & Ors v Co-operative Group Ltd & Ors [2025] EWHC 526 (Ch). The judge rejected the claimants’…
PREPARING BUNDLES: A FREE ONLINE TOOL THAT MAY WELL HELP: INTRODUCING “BUNTOOL”
The last few weeks have seen a number of cases where judges have been critical (if not despairing) at the quality of the the bundles used at trials and applications. My attention has been drawn to “BunTool” a free online…
HMCTS GUIDANCE ON HOW TO ISSUE AND MANAGE A MONEY CLAIM ONLINE: GUIDE FOR LEGAL PROFESSIONALS
HM Courts and Tribunal Services have published two documents to help legal professionals issue and manage an online money claim. THE DOCUMENTS 1. Issue and online money claim as a legal professional 2. Manage and online money claim as…
COURT REFUSES CLAIMANT’S APPLICATION TO ABRIDGE TIME FOLLOWING LATE SERVICE OF AN OFFER: “THERE IS A POLICY INCENTIVE IN REQUIRING LITIGANTS TO MAKE TIMELY PART 36 OFFERS”
The judgment in Henderson & Jones Ltd v Price [2020] EWHC 3276 (Ch) was given in October 2020, but has only recently arrived on BAILII. It concerns late service of a Part 36 offer. This is an issue rarely considered…
THIS SKELETON ARGUMENT IS FAR TOO LONG, DOES NOT COMPLY WITH THE RULES – AND ISN’T GOING TO BE ADMITTED
In Henderson & Jones Ltd & Ors v Grange Heating Services Ltd & Ors (COSTS) [2024] EWHC 3572 (TCC) Adrian Williamson KC (sitting as a High Court Judge) refused to admit a “skeleton” argument that was too long and did…
THE CURRENT IMPORTANCE OF PLEADINGS 1: FAILURE TO SERVE A REPLY ALLEGING FORGERY LEADS TO JUDGMENT AT TRIAL BEING SET ASIDE
For some time now I have been meaning to write a series on the numerous issues that arise when cases are not pleaded properly. There are a catalogue of cases where the parties come to court, normally shortly before (sometimes…
“A POINTLESS WASTE OF TIME AND MONEY”: ATTEMPTS TO “REOPEN” ISSUES WHEN A DRAFT JUDGMENT IS SENT OUT ARE HARDLY EVER FRUITFUL – AND CAN BE EXPENSIVE
There are a number of cases on this blog where litigants have attempted to “reopen” issues when a draft judgment is sent out to the parties for editorial corrections. We have an example in the judgment of HHJ Stephen Davies…
COURT FEES ARE GOING UP SOON: MOJ PRESS RELEASE STATES FEES WILL CHANGE IN EARLY APRIL 2025
A press release from the Ministry of Justice states that Court fees are to increase in early April (but there are some decreases). The release can be found here. “In early April 2025, and subject to parliamentary approval, the…
ANOTHER CASE INVOLVING BUNDLES: DIFFERENCES IN PAGINATION AND OTHER MISHAPS MEANT THAT A DECISION WAS UNFAIR AND THERE WAS AN ERROR OF LAW
In RP v Barnsley Metropolitan District Council [2025] UKUT 46 (AAC) Edward Jacobs, Upper Tribunal Judge, found that the errors with bundles at a First-Tier Tribunal led to unfairness and amounted to a an error of law. “There were, as…
THIS CASE SHOULD HAVE BEEN ISSUED IN CARDIFF; HEARD IN THE COUNTY COURT AND THERE SHOULD HAVE BEEN A SPLIT TRIAL: HIGH COURT ISSUES A WARNING
We are returning to the judgment of Mr Justice Cotter in Boyd v Hughes [2025] EWHC 435 (KB). At the conclusion of the judgment there is a very clear warning that this case: (i) should not have been issued in the…
THE DUTY OF FAIR PRESENTATION AT WITHOUT NOTICE HEARINGS: FREEZING ORDER TURNED INTO SLUSH…
In J&J Snack Foods Corporation & Anor v Ralph Peters & Sons Limited & Anor [2025] EWHC 436 (Ch) Mr Justice Fancourt set aside an injunction that had been obtained without notice. The case is an object lesson in the need…
INTERIM PAYMENTS WHERE ONLY 50% OF DAMAGES ARE LIKELY TO BE RECOVERED: IS A HEAD OF FUTURE LOSS LIKELY TO BE CAPITALISED?
In Lexi-Rae Speirs v St Georges University Hospitals NHS Foundation Trust [2025] EWHC 337 (KB) Senior Master Cook considered the question of how the court should approach an application for an interim payment in a case where the claimant was only…
SENSIBLE STEPS TO TAKE WHEN THERE IS NO TRANSCRIPT OF A HEARING AVAILABLE
A very short passage in the judgment of Mr Justice Fancourt in Odhavji v Tighe & Ors [2025] EWHC 372 (Ch) sets out the steps a prudent party should take when a transcript (and sometimes a judgment) cannot be obtained. …
DOES A PROPOSED NEW DEFENDANT HAVE TO BE GIVEN NOTICE OF THE APPLICATION TO JOIN THEM INTO THE ACTION? TWO CONTRASTING VIEWS FROM THE COURT OF APPEAL
In Noel Anthony Clarke v Guardian News & Media Ltd [2025] EWCA Civ 164 the Court of Appeal considered (but did not determine) the question of whether it was mandatory to give notice of the application to join a new defendant to…
A PARTY CAN’T REALLY OBJECT THAT EVIDENCE IN RESPONSE IS SERVED LATE: WHEN THIS INVOLVES THE RESPONSE BEING SERVED BEFORE THE EVIDENCE IS RECEIVED…
In Lexi-Rae Speirs v St Georges University Hospitals NHS Foundation Trust [2025] EWHC 337 (KB) Senior Master Cook considered an argument that the defendant’s evidence should not be admitted because it was served late. The fundamental problem with the claimant’s submission…
WASTED COSTS ORDER MADE AGAINST FIRM OF SOLICITORS FOR FAILING TO INSTRUCT COUNSEL TO ATTEND A HEARING
In A Father v A Mother [2025] EWHC 364 (Fam) Ms H Markham KC, sitting as Deputy High Court judge, made a wasted costs order against a firm of solicitors. The solicitors had failed to take steps to ensure that…
CPR 11 AND THE PRINCIPLES IN HODDINOTT DO NOT APPLY IN A CASE WHERE THE COURT HAS NO JURISDICTION AT ALL: AN INTERESTING JUDGMENT
I am grateful to Elliot Gold, barrister, for sending me a copy of the decision of HHJ Bloom in Davidson -v- The London Centre of Psychodrama, a copy of which is available here DavidsonJudgment. The judge, among other…
SERVICE OF THE CLAIM FORM: THE MEANING OF “LAST KNOWN RESIDENCE” AND “REASONABLE STEPS” TO ASCERTAIN A CURRENT RESIDENCE
The question of service of the claim form and “last known residence” has featured already on this blog this year. There is another case on the issue in the judgment of Mr Justice Bryan in Agrofirma Oniks LLC & Anor…
AVOIDING LIMITATION PROBLEMS AND MAKING AN EFFECTIVE SECTION 33 APPLICATION: WEBINAR 20th FEBRUARY 2025
Limitation issues feature regularly on this blog and are a major reason for litigators being sued. This webinar looks at the major problem areas in limitation for personal injury and clinical negligence litigators. It identifies, and helps litigators avoid, all…
THE NEED FOR THE UTMOST CARE WHEN SEEKING INJUNCTIONS WITH SPEED: AN ENQUIRY AS TO DAMAGES ORDERED BECAUSE OF ERRORS MADE IN THE INFORMATION GIVEN TO THE JUDGE
The judgment of HHJ Halliwell, sitting as a High Court Judge, in Bootle v GHL Property Management and Development Ltd & Anor [2025] EWHC 317 (Ch) provides an object lesson on the dangers of over-hasty applications for an injunction. It…
AVOIDING PROCEDURAL ERRORS IN CIVIL LITIGATION (AND WHAT TO DO IF THINGS GO AWRY) : WEBINAR 17th FEBRUARY 2025
This webinar looks at common mistakes in personal injury litigation and recent cases where things have gone wrong. It then looks at how mistakes can be rectified and how to make an application for relief from sanctions. Booking details are…
THE IMPORTANCE OF ADEQUATE TIME ESTIMATES: THE COURT COULD APPLY SANCTIONS “POUR ENCOURAGER LES AUTRES”
We are considering the issue of adequate time estimates for the second time this year. We are also revisiting the judgment of Deputy Costs Judge Roy KC in Christodoulides v CP Christou LLP [2025] EWHC 214 (SCCO), however this time on…
THE COURT DOES NOT HAVE POWER TO STRIKE OUT AN ORDER FOR AN ACCOUNT: AN APPLICATION THAT WAS “ILL JUDGED” AND “PUT FORWARD UNDER A JURISDICTION WHICH THE COURT PLAINLY DOES NOT HAVE”
In Hubbard & Anor v Hubbard & Anor [2024] EWHC 3123 (Ch) Master Marsh (sitting in retirement) rejected a defendant’s application to strike out a claim for an account and for summary judgment for the defendant. The court had no…
THIS CASE IS STAYING IN LONDON: (IT TOOK FROM 2ND JULY 2024 TO 14TH JANUARY 2025 FOR SUBMISSIONS TO BE PLACED BEFORE A JUDGE)
Since I wrote about a decision transferring Administrative Court proceedings to Leeds it is appropriate that we look at a decision today ordering that the proceedings stay in London despite it having closer ties to Manchester. In Weis, R (On…
THIS ACTION IS GOING TO YORKSHIRE: CHOICE OF LONDON LAWYERS DOES NOT DRIVE CHOICE OF VENUE
In SK Enterprises (UK) Ltd, R (On the Application Of) v Secretary of State for the Home Department (Re Determination as to Venue) [2025] EWHC 237 (Admin) Mrs Justice Hill held that an action in the Administrative Court should be…
DENTON DID NOT APPLY TO THE DEFENDANT’S APPLICATION FOR AN EXTENSION OF TIME: HOWEVER – CONSIDERING THE OVERRIDING OBJECTIVE – THE APPLICATION WAS REFUSED
In Bailey & Ors v GlaxoSmithKline UK Ltd [2025] EWHC 186 (KB) Mr Justice Bourne considered whether the defendant should have an extension of time. The judge considered whether the “Denton” principles apply to the defendant’s application and if not…
CAN AN EXPERT WORK ON A CONDITIONAL FEE BASIS? IT MAY BE POSSIBLE – BUT IS DEFINITELY NOT WISE
I am grateful to Professor Keith Rix for allowing me to use an article that appears in February’s Expert Healthcare Witness Matters*. This deals with the question of whether an expert can, or should, agree to act on a conditional…
WHEN A PARTY CITES, AND RELIES, ON CASE LAW THAT “DOES NOT EXIST” :”A MOST UNHAPPY FEATURE OF THIS CASE”
There is a very unusual element to the judgment of Mr Justice Kerr in Olsen & Anor v Finansiel Stabilitet A/S [2025] EWHC 42 (KB). The appellants, litigants in person, relied on case law that apparently supported their case. That…
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