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…
AI USED IN THE WRITING OF A JUDICIAL DECISION: READ ALL ABOUT IT…
There has been much discussion of the advantages, and disadvantages, in lawyers using AI. This is clearly going to be a major issue for the legal profession going forwarded. Last week I reviewed Andrew Hogan’s book on this topic. There…
ISSUING AN INJUNCTION MEANS “PROCEEDINGS” ARE UNDERWAY AND THE CLAIMANT HAS TO PAY THE COSTS AFTER IT WAS SET ASIDE: ALLOWING THE CLAIMANT’S ARGUMENTS IN THIS APPEAL WOULD BE AN “AFFRONT TO COMMONSENSE”
Here we look at an ingenious argument about the meaning of “proceedings” and the costs consequences if a claimant has an injunction order set aside. The claimant argued that the nature of the action he pursued did not amount to…
UPDATED VERSION OF THE CHANCERY GUIDE: A USEFUL LINK
The Chancery Guide was updated earlier this month. Here we look at the Practice Note and have a link to the updated Guide itself. FINDING THE LINK The Practice Note that accompanies it gives a link to the Guide itself…
EXPERT WATCH 13: WHEN THE CLAIMANT ATTEMPTED TO INTRODUCE A NEW CASE DURING CROSS-EXAMINATION OF THE DEFENDANTS’ EXPERT (HOW DO WE THINK THIS WENT?)
We are looking at a case where the claimant’s expert, belatedly, accepted that the reports he was relying on were unreliable. The claimant then attempted to introduce new matters and evidence to bolster an alternative case. The judge rejected that…
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…
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…
COST BITES 292: AN EXAMPLE OF THE TRIAL PREPARATION AND TRIAL PHASE BEING BUDGETED (OH – AND COUNSEL DOESN’T GET A REFRESHER FOR A JUDICIAL READING DAY)
We continue to look at the case considered in the previous post. Having made the point that the budget is not so much about hourly rates but about the reasonableness and proportionality of the figures as a whole the judge…
COST BITES 291: WHEN BUDGETING THE HOURLY RATES SOUGHT CAN BE TOO HIGH, BUT THE PHASE TOTAL REASONABLE
At the budgeting phase of a case there are often disputes as to the appropriate hourly rates. The response is, usually, that it is not the court’s task on budgeting to set the hourly rates but to consider the reasonableness…
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…
THE “CONDUCT OF LITIGATION” CASE CONTINUED: WHY THE CIRCUIT JUDGE ERRED AS TO COSTS: FIXED COSTS APPLIED IN ANY EVENT
We are returning to a case we have looked at several times already. This time on the question of costs. Since the appellants were successful the costs order against them was overturned. However it was held that the judge erred…
MORE ABOUT WHO CAN PROPERLY “CONDUCT LITIGATION”: THE SUBMISSIONS OF THE LAW SOCIETY AND SOLICITORS REGULATION AUTHORITY: “TASKS MAY BE DELEGATED BUT CONDUCT OF THE LITIGATION MAY NOT”
As I said yesterday the matters discussed in the recent judgment about whether a fee earner can conduct litigation may have a widespread impact. It is important that litigators are aware of the views of the Law Society and the…
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…
COST BITES 290: BARRISTERS TAKE CARE: ANOTHER REASON THE DBAS WERE INVALID – FAILURE TO INCLUDE COUNSEL’S FEES IN THE EQUATION…
We are continuing with our consideration of Damages-Based Agreements that were found to be unlawful. This time the judge considered the position in relation to counsel’s fees and the Regulations. The judge held that the attempt to charge counsel’s fees…
COST BITES 289: INVALID DAMAGES BASED AGREEMENTS MEANT THAT THE APPELLANTS COULD NOT RECOVER £1.3 MILLION IN COSTS (A BAD DAY OUT FOR THE LAWYERS INVOLVED…)
Today we are looking at a case where the appellants claim to £1.3 million in costs was lost because the Damages-Based Agreements were found to be unlawful and unenforceable. It provides a salutary lesson to all those who are involved…
ENFORCEMENT BULLETIN 2: TRANSFER OF HOUSE TO CIVIL PARTNER SET ASIDE: ARE ATTEMPTS TO AVOID PAYMENT WORTH THE CANDLE?
It is not unknown for debtors to seek to transfer property to another person in an attempt to avoid a charging order being made against it. We see see such a case here. A house, initially in the sole name…
COST BITES 288: IS IT REALLY GOING TO COST £39,967.50 TO HOLD A MEETING BETWEEN LAWYERS? (AND THERE WILL BE TEN OF THEM…)
Here we are looking at a substantial reduction in a budget. The claimants here sought £39,967.50 for each meeting of the solicitors co-ordinating group litigation. The court was not happy with this… (When you are claiming £39,967.5o a meeting for…
THREE WEBINARS ON EXPERTS: THE JOINT EXPERT AND MEETING OF EXPERTS; PART 35 QUESTIONS AND EXPERTS IN THE COURTS IN 2025
The way in which the “Expert Watch” series has quickly developed shows that issues relating to expert evidence continue to give rise to problems. These three webinars explore many of the major issues in relation to experts. Dealing with the…
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…
BARRISTER REFERRED TO THE BSB BECAUSE OF THE USE OF AI “HALLUCINATED” CASES: IGNORANCE THAT THIS WAS HAPPENING IS NO DEFENCE
We have another example of a lawyer getting into trouble (potentially very serious trouble) through the use of Artificial Intelligence and its ability to “hallucinate” cases. It was accepted that the error was not deliberate. However the Upper Tribunal pointed…
IT WOULD BE AN “AFFRONT TO JUSTICE” NOT TO SET ASIDE THIS “FINAL” JUDGMENT: THERE IS A LOT HERE THAT EVERYONE INVOLVED IN THE LITIGATION PROCESS SHOULD PROBABLY READ
We are looking at a number of cases that, on the face of it, are highly unusual. One judge has already indicated that there is a strong prima facie cases that some related cases “are all fraudulent”. There are…
SERVICE POINTS 10: COURT REFUSES CLAIMANT’S APPLICATION WHEN PROCEEDINGS WERE SERVED ONE DAY LATE: A CASE THAT ROUNDS UP TWO WARNINGS GIVEN TODAY
Earlier today I warned that a recent decision by the Divisional Court in relation to CPR 6.15 was unusual and should not give great comfort to litigators generally, later we looked at the new Administrative Court Judicial Review Guide which…
COST BITES 287: YOU’VE AGREED FOUR LEADING COUNSEL FOR THE FIRST DAY OF THE TRIAL – ONLY TWO OF THEM ARE GETTING PAID AFTER THAT
When the parties agree a phase of a budget this can, on the face of it, have a knock on effect on the related phases. But, as Cab Calloway famously said – that ain’t necessarily so. In the case we…
WITNESSES WHO GIVE THE COURT THE BENEFIT OF THEIR “OPINION”: I’M NOT SAYING IT LED DIRECTLY TO THE APPLICANT LOSING THIS CASE – BUT IT DID NOT HELP…
There appears to be no end to the practice of witnesses giving the court the benefit of their opinion in witness statements. There have been numerous cases where the judiciary have warned against this. The white book has a specific…
NEW EDITION OF THE ADMINISTRATIVE COURT JUDICIAL REVIEW GUIDE 2025: FOLLOW THE RULES OR YOU COULD BE SUBJECT TO SANCTIONS
There is a new edition of The Administrative Court Judicial Review Guide 2025 available on the Judiciary website. It contains clear guidance on procedure and, as the Preface makes clear, is keen to help practitioners avoid common procedural pitfalls. It…
SERVICE POINTS 9: SERVICE AT THE HOUSE OF COMMONS IS NOT GOOD SERVICE BUT ON THIS OCCASION – IT FITTED THE BILL…
Here we are looking at an unusual case in relation to service. It is a case where the claimant served at the wrong address but (unusually) the court exercised its discretion to retrospectively validate service. There is more to this,…
SERVICE POINTS 8: APPLICANT FAILS TO SERVE THE SECRETARY OF STATE PROPERLY: A BAD NIGHT AT THE MUSEUM…
I don’t know how many planning lawyers subscribe to this site – it may be none do. However I am fairly confident that they could get full value out of their subscription if it persuaded them to pay attention to…
COST (MEGA) BITES 286: AND YOU SAID THAT WITH AN “ADMIRABLY STRAIGHT FACE”: “OVERLAWYERING” CONSIDERED IN AN EXHAUSTING CASE
We are looking at a case that has already been subject to several posts on this site. In the previous decision about budgeting the claimants’ budgets were described as “absurdly high” and the arguments “strains all credulity”. The court is…
THE CURRENT IMPORTANT OF PLEADINGS 32: “BOTH THE PARTICULARS OF CLAIM AND DEFENCE ARE LENGTHY DOCUMENTS, UNJUSTIFIABLY SO”
We are here honing on in one aspect of a decision that was about allocation. The judge commented on how poor the pleadings of both side were. The Particulars of Claim and Defence were too long, a Reply was unnecessary. …
APPLICANTS FOR INJUNCTIONS: WHY ARE YOU ASKING FOR AN INJUNCTION BUT NOT ISSUING PROCEEDINGS BEFOREHAND? THAT PRACTICE SHOULD STOP: HIGH COURT DECISION
Here we are looking at the (to my mind somewhat risky) practice of applying for and obtaining an injunction, without actually issuing proceedings. This judgment is a reminder that this should only happen in exceptional circumstances. (This was an injunction…
NEW RULES COMING INTO FORCE ON THE 12TH SEPTEMBER 2025 AND THE 1ST OCTOBER 2025 (2): DISPUTING EVIDENCE AND FILING EVIDENCE IN PART 8 PROCEEDINGS
Here we look at the latest statutory instrument which makes changes to the rules. This time a highly specific rule making amendments to Part 8 to deal with the filing of evidence where the defendant states it intends to dispute…
THE PERIODICAL REMINDER OF THE DANGERS OF A SOLICITOR SIGNING A STATEMENT OF TRUTH ON BEHALF OF A CLIENT: IN THIS CASE THE CLIENT WAS FOUND TO BE FUNDAMENTALLY DISHONEST
Here we are considering once again the question of whether it is wise for a solicitor to sign a statement of truth on behalf of a client. It arises from the case we have already looked at this morning. However…
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…
THE CLAIMANT WAS FUNDAMENTALLY DISHONEST: EX-SOLDIER FAILS IN HER CASE AND NOW NO LONGER HAS THE PROTECTION OF QOCS
Here we look at a case where the claimant was found to be fundamentally dishonest. The judge commented on the irony of the fact that she had a substantial claim for damages, even without that dishonesty. Nevertheless the evidence of…
SERVICE POINTS 7: WHAT’S IN A NAME? DOES THE DEFENDANT’S CHANGE OF NAME MEAN THAT SERVICE WAS DEFECTIVE?
Here we are looking at an interesting argument in relation to whether service was effective after a party had changed their name. The defendant argued that the name change meant they had not been served properly and were not a…
COST BITES 285: DOES THE COURT NEED TO VARY THE RECEIVING PARTY’S BUDGET WHEN IT HAS ORDERED THAT COSTS BE PAID ON AN INDEMNITY BASIS?
We are looking again at the award of indemnity costs. The judge ordered that costs be paid to the claimant on the indemnity basis. He then went on to consider whether, given that decision, it was necessary to retrospectively vary…
COST BITES 284: DEFECTIVE WITNESS STATEMENTS PLAY A PART IN A DECISION TO AWARD INDEMNITY COSTS: “DEPRIVING THE DEFENDANT OF THE USUAL RIGHT NOT TO PAY DISPROPORTIONATE COSTS, IS AN ENTIRELY PROPORTIONATE RESPONSE TO THE DEFENDANT’S CONDUCT OF THIS ACTION”
Here we look at a judgment where indemnity costs were awarded against an unsuccessful defendant. As we shall see there were a number of factors in that decision. However it is notable that, in both judgments, the judge commented on…
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 CIVIL LITIGATION BRIEF TOOLBOX SERIES 2: WHERE DO YOU LOOK WHEN FACED WITH AN ARGUMENT ON ASSESSEMENT THAT COSTS SHOULD BE REDUCED BECAUSE OF “PROPORTIONALITY”?
The principles considered here work for both sides. Where does a receiving party look when the paying party wants to reduce costs because of “proportionality”? Where does a paying party look to gain guidance on such issues. I am here…
COST BITES 282: PROPORTIONALITY OF COSTS CONSIDERED AFTER A LINE BY LINE ASSESSMENT: TAKE YOUR SEATS FOR A CASE ABOUT THE ALBERT HALL…
I am grateful to my colleague Paul Hughes for bringing my attention to this decision of the SCCO in relation to proportionality. It is a case where the paying party specifically raised proportionality as a further and specific issue after…
GIVING BAD NEWS TO CLIENTS: SOME USEFUL HINTS AND SOME USEFUL LINKS
This post follows a report earlier in the week of a solicitor being struck off because she lied to her client about the fact that a medical report had arrived. The medical report contained bad news in relation to the…
ENFORCEMENT BULLETIN 1: ISSUES WHEN SEEKING TO ENFORCE A JUDGMENT AGAINST A PARTY’S PENSION FUND: IT MAY BE A MATTER OF TIMING
Enforcement is an important part of the civil litigation process. If a litigant won’t pay the sums due under a court order then the whole process was, most probably, for nothing. The aim of this series is to look at…
WHICH TRACK IS BEST? THE RULES, CASES AND GUIDANCE: ALLOCATION – SMALL CLAIMS OR FAST TRACK IN HOUSING DISREPAIR CASES: WEBINAR 10th SEPTEMBER 2025
Over the past month or so we have looked at three cases where the question of allocation of housing disrepair cases has been considered. The issue lies between Fast Track and the Small Claims Track. This webinar looks at the…
THE CIVIL LITIGATION BRIEF TOOLBOX SERIES 1: WHERE DO YOU LOOK IF YOU WANT TO REFER TO A WITNESS STATEMENT SERVED BY YOUR OPPONENT BUT THEY ARE NOT CALLING THAT WITNESS?
The aim of this series is to give practitioners a quick place to look if they are placed in a sudden dilemma. The issue here, which can arise at short (or no) notice is what should a party (“A”) do…
COST BITES 281: THE CLAIMANTS SUCCEEDED AT TRIAL – ARE THEY ENTITLED TO INDEMNITY COSTS OR SHOULD COSTS BE REDUCED BY 20%?
We are looking at the judge’s consideration of costs issues after a lengthy trial. The claimants had succeeded and the judge considered whether the matter had been conducted in such a way as to justify an order for indemnity costs…
CIVIL PROCEDURE BACK TO BASICS 106: WHEN IS VAT ON LEGAL COSTS RECOVERABLE FROM THE OTHER SIDE ON ASSESSMENT?
Yesterday we looked at a case where a receiving party accidentally included a claim for VAT in a bill of costs. The error was noted, after being queried by the judge, however the judge went on to state ” I…
MEMBER NEWS: “ON DEMAND” CIVIL LITIGATION BRIEF WEBINARS AVAILABLE TO WATCH AT A TIME AND PLACE TO SUIT YOU: WITH DISCOUNTS FOR CLB MEMBERS
Last week we looked at webinars coming up which may be of interest to CLB readers. CLB members can obtain a discount on these webinars. The same discount applies to webinars which are now available “on demand”. These webinars are…
COST BITES 280: THE PERILS OF INCLUDING A VAT IN A BILL BY MISTAKE: THE COURT WOULD NOT DEPART FROM THE GUIDELINE RATES: NEVERTHELESS £202,000 ALLOWED ON ASSESSMENT FOR A ONE DAY APPEAL
We are looking at a case where the judge summarily assessed costs with no input from the paying party. The receiving party had made a mistake by claiming VAT (something only appreciated when the judge raised the question). There was…
EXPERT WATCH 12: “THE EXPERT EVIDENCE FOR BOTH SIDES HAD PROBLEMS”: THE JUDGE PREFERS THE DEFENDANT’S EXPERT
We look here at an unusual set of facts relating to the judge’s assessment of expert evidence. Firstly the judge found that the claimant’s expert had no real experience of the specific issue in question in the action; she also…
COST BITES 279: COSTS AWARDED IN WHAT IS NORMALLY A “NO COSTS” JURISDICTION: THE FIRST TIER TRIBUNAL (PROPERTY CHAMBER)
It is worthwhile taking a look at cases where costs are awarded in cases where there normally would be no inter party order for costs. We look at such a case here, in the First Tier Tribunal. On appeal to…
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