SERVICE POINTS 32: MISSING OUT THE NAME OF THE ROAD ON THE CLAIM FORM DID NOT INVALIDATE SERVICE
The judge here considered an argument that a failure to include the name of the defendant’s street on the claim form meant that service was defective. This argument was rejected. The fact that the street was mentioned on the land…
MAZUR IN THE COURT OF APPEAL: THE IMPLICATIONS FOR PRACTITIONERS: (THIS IS NOT “AS YOU WERE”): WEBINAR 9th APRIL 2026
I have already written about the misunderstandings that have occurred in relation to the Mazur judgment. The judgment is far more nuanced than some commentators suggest and a detailed knowledge of what is required is essential for anyone involved in…
COST BITES 369: SOMETIMES LITIGATION IS MORE ART THAN SCIENCE: “BANKSY” ENTITLED TO INDEMNITY COSTS AFTER ACTION DISCONTINUED, BUT NOT A NON-PARTY COSTS ORDER
Here we have a case where the claimant discontinued. Discontinuance made the claimant liable to pay costs. However in this case it was ordered to pay costs on the indemnity basis (from a key date). The judge then considered the…
MAZUR MATTERS 56: WHY WE MUST BE WARY OF THE SRA DEFINITION: CAN AN UNAUTHORISED PERSON REALLY “CONDUCT LITIGATION” EVEN UNDER SUPERVISION?
The judgment, quite expressly, passes a lot of responsibility for the detail of supervision on to the regulators. In this respect it is important that the regulators get the law right (and lets be honest their track record to date…
MAZUR MATTERS 55: THINGS WE DON’T KNOW THE ANSWER TO (2): WHAT DEGREE OF SUPERVISION IS REQUIRED: THIS “WILL ALWAYS DEPEND ON THE CIRCUMSTANCES”
It is important to note that the Court of Appeal decision yesterday did not create a “free for all” for unauthorised persons to undertake the conduct of litigation. Far from it. A central part of the judgment was the need…
MAZUR MATTERS 54: THINGS WE STILL DON’T KNOW THE ANSWER TO (1) WHAT IS MEANT BY “THE CONDUCT OF LITIGATION”? THE COURT DID NOT SUPPLY AN “EXHAUSTIVE DEFINITION”
The judgment given yesterday still leaves us with many uncertainties and litigators still need to tread with some care. Here we look at one of the matters that the Court of Appeal was not able to give a definitive answer…
WITNESS EVIDENCE WEDNESDAY 2: WHAT HAPPENED TO COSTS WHEN PARTS OF THE DEFENDANT’S STATEMENT WERE STRUCK OUT?
We are looking separately at the order for costs made in the case considered in the previous post. This emphasises the point that non-compliance with the rules can be costly. The defendant was ordered to pay the costs of the…
WITNESS EVIDENCE WEDNESDAY: COURT STRIKES OUT PARTS OF DEFENDANT’S WITNESS STATEMENT AS NON COMPLIANT WITH PD57AC (AND THE DEFENDANT IS A BARRISTER…)
This case adds to the growing number of cases where the courts have considered whether a witness statement breaches PD 57AC and the consequences for breach. The defendant’s initial statement contained numerous breaches of PD57. A revised statement was more…
THE MAZUR DECISION TODAY 5: THE “NUANCED” BITS: IT IS ALL ABOUT DELEGATION OF TASKS AND SUPERVISION (AND HERE IT IS OVER TO THE REGULATORS…)
I have already written that the judgement is Mazur is far more nuanced than many commentators have suggested. It does not give a “free for all” for non-authorised persons to litigate. Rather it gives authorised lawyers the ability to delegate…
THE MAZUR DECISION TODAY 4: THE CONCLUSIONS: IF AN UNATHORISED PERSON IS IN REALITY CONDUCTING THE LITIGATION “THEY WILL BE COMMITTING AN OFFENCE”
The judgment in Mazur today is far more nuanced than some observers have suggested. It is not an “as we were” situation. There is still scope for those working within solicitors’ practices to be breaking the law and thus committing…
THE MAZUR DECISION TODAY 2: WHAT CAN AN “UNAUTHORISED” PERSON DO?
We continue with our breakdown of the Mazur decision today. Here the Court of Appeal considers what an “unauthorised” person can do. (The next post will look at the practical examples the judgment gives). “The judge was wrong to…
MAZUR COURT OF APPEAL DECISION TODAY: JUDGMENT AT FIRST INSTANCE OVERTURNED: THE SUPERVISION OF UNAUTHORISED PERSONS
I will be writing about this judgment throughout the day. The first posts will contain a summary of the views from the court. Later posts will analyse the position as a whole. This post contains a consideration of the carrying…
MORE USE OF AI: MORE HALLUCINATED CASES: THERE IS “NO PROBLEM” IN USING AI: BUT CONSIDERABLE CARE HAS TO BE TAKEN
If these issues continue as they have been we may soon be seeing an “AI Tuesday” to add to the other themes we examine throughout the week. Here we look at another “hallucination” case which ended with the person involved…
PROVING THINGS 285: THE DEFENDANT ESTABLISHES THAT THE CLAIMANT WAS FUNDAMENTALLY DISHONEST: “IT IS NOT CONSISTENT WITH QOCS TO EXTEND IT TO CLAIMANTS WHO KNOWINGLY TELL UNTRUTHS ABOUT SOMETHING FUNDAMENTAL TO THEIR CLAIM…”
This is a judgment on fundamental dishonesty where the judge considers, in some detail, the burden of proof and what a defendant needs to establish. There are important observations about the burden of proof and consideration of the term “dishonesty”…
THE CURRENT IMPORTANCE OF PLEADINGS 65: THE REASON WHY PLEADINGS ARE IMPORTANT IN ALL TYPES OF CASES: “IF THE DEFENDANT FEELS SHE HAS FAILED TO ESTABLISH ANY PART OF HER CASE BY REASON OF INADEQUATE PLEADINGS … SHE MAY NEED TO TAKE THAT UP WITH HER SOLICITORS…”
I appreciate that today has been a “pleadings heavy” day on this site. However the reason for this is that pleadings are important across the board. Earlier today we looked at pleadings in a multi-million pound dispute between two banks. Here…
THE CURRENT IMPORTANCE OF PLEADINGS 64: THE DEFENDANT TRIES – AGAIN – TO RELY ON EXTERNAL REPORTS AS FACTUAL PARTS OF ITS DEFENCE…
We continue our examination of this judgment where the judge considered the factors relating to amending pleadings in detail. In this case the defendant attempted (for the second time) to rely on the contents of an external report. The judge…
MASTERING PD57AC – GETTING WITNESS STATEMENTS RIGHT IN THE COMMERCIAL COURTS (AND THE CONSEQUENCES IF YOU DON’T): WEBINAR 30th APRIL 2026
Witness statements can make—or break—your case in the Commercial Courts. Since the introduction of Practice Direction 57AC in April 2021, the courts have repeatedly emphasised that compliance is not optional. Yet many practitioners continue to fall into the same costly…
THE CURRENT IMPORTANCE OF PLEADINGS 63: WHEN ARE AMENDMENTS TO PLEADINGS “CONSEQUENTIAL” – DOES A PARTY HAVE “GENERAL RIGHT” TO INTRODUCE NEW MATTERS?
Here we continue with our examination of attempts to amend pleadings. We are looking at the same case as the previous post but a different judgment from a different judge. Here the claimant amended its Particulars of Claim and the…
THE CURRENT IMPORTANCE OF PLEADINGS 62: REFERRING TO AN EXTERNAL REPORT IN A DEFENCE MAY NOT BE HELPFUL: “A PLEADING NEEDS TO BE UNAMBIGUOUS AND COHERENT”
Today we are going to look in detail at attempts to amend a defence. There is much to learn about pleadings, pleading defences and applications to amend. We start off with an application made last year. However as we shall…
BACK TO BASICS MONDAY: GIVING THE SOURCE OF INFORMATION AND BELIEF IN A WITNESS STATEMENT: A MANDATORY OBLIGATION OFTEN IGNORED
It is surprisingly common to see witness statements that fail to comply with the basic – and mandatory – requirement that the maker of the statement gives the source of any matters of information or belief they are giving evidence…
COURT OF APPEAL OVERTURNS REFUSAL TO GRANT ADJOURNMENT OF COMMITTAL APPLICATION: THE COURT HAD AN OBLIGATION TO ENSURE THAT A PARTY COULD AVAIL THEMSELVES OF LEGAL REPRESENTATION
In this case the Court of Appeal overturned a decision not to grant an adjournment of committal proceedings. The Court held that the judge below did not appear to be aware of the fact that a respondent to committal proceedings…
HOW A FIRM OF SOLICITORS SHOULD NOT CONDUCT THEMSELVES IN LITIGATION: A WORKING EXAMPLE: EVIDENCE THAT WAS “GENERALLY UNRRELIABLE” AND “LACKING IN CREDIBILITY”
Here we are looking at a judgment that contains some remarkable observations and findings about the conduct of a solicitor. The judge was concerned not only about the failure to comply with directions, the inadequate nature of the statement of…
PROVING THINGS 284: APPLICANT FOR INJUNCTION FAILS ON JUST ABOUT EVERY POINT: THE CASE WAS DIFFICULT TO UNDERSTAND; NO EVIDENCE OF A RISK OF DISSIPATION; MATTERS THAT LEAVE THE JUDGE “BAFFLED” AND UNCOMFORTABLE
The applicant in this case sought an injunction. The application was (unusually) made on notice. The respondent did not have the opportunity to put in evidence. The applicant failed on just about every point. It was unclear what the applicant’s…
GETTING YOUR CASE INTO THE RIGHT COURT: A BIZARRE DECISION TO PUT A CASE IN THE CHANCERY DIVISION: MAKING THE CORRECT SELECTION IS IMPORTANT AND MIGHT MATTER
It is important that cases are managed, and heard, in the appropriate specialist court. Here we have a case that went on a frolic of its own into the Chancery Division for a while before being put back into the…
THROWBACK FRIDAY: MAKING A MISTAKE AND THEN BIGGING A DEEPER HOLE FOR YOURSELF: MARCH 2018
Here we are looking at a set of circumstances that we have seen many time, both before and after this post from March 2018. A lawyer makes a mistake, panics and then makes horrendous decisions in an attempt to cover…
EXPERT WATCH 42: THIS IS NOT EXPERT EVIDENCE – BUT A SIMPLE STEP UP FROM “NUMBER CRUNCHING” : ALSO OPINION EVIDENCE SHOULD BE DISTINGUISHED FROM FACTUAL EVIDENCE
Here we have a case where the judge found evidence provided by experts to be of “assistance” but where he was clear in his view that the information put forward was not expert evidence. The evidence was “simply a kind…
THE “SEVEN DAY” DOCUMENTS IN JUDICIAL REVIEW PROCEEDINGS: YOU DON’T PLAN NOT TO COMPLY – BUT…
In civil procedure it is often the failure to comply with clear and obvious rules that can cause difficulties or annoyance. We have an example here in the Planning Court (however the rules in question apply to all judicial review…
KEEPING TIME ESTIMATES UNDER REVIEW: JUDGE GIVES REASONS FOR ADJOURNING APPLICATION: AND (BY THE WAY) “JUDGES ARE NOT SUPERHUMAN”
It is rare that we see a detailed judgment on the reasons why an application has to be adjourned. Here the judge comments on the reasons for the adjournment but also observes that the initial time estimate for the application…
SOLICITORS REFERRALS, TOMLIN ORDERS, UNLAWFUL TERMS, ADMISSIONS AND ATTEMPTS TO WITHDRAW FROM THOSE ADMISSIONS: A LOT OF LEGAL LIFE IS HERE…
There have been many interesting cases relating to “admissions” on this site. Here we have a intriguing case relating to a solicitor’s dispute with a former member of staff. It involves Tomlin orders which were partially unlawful, admissions and attempts…
THE CIVIL PROCEDURE (AMENDMENT) RULES 2026 (3): TIME LIMITS FOR COMMENCING PROCEEDINGS UNDER THE PROCUREMENT ACT MADE CLEAR…
Some of the changes being introduced on the 6th April 2026 are relatively niche. However given that they could impact CLB readers who deal with these issues on a regular or “one off” basis I do not like to miss…
THE COURT REFUSES AN APPLICATION THAT A TRANSCRIPT BE OBTAINED AT PUBLIC EXPENSE: IF YOU ARE BROKE THEN WHY HAVEN’T YOU ATTENDED COURT TO PROVE THIS?
Here is a judgment that contains a central irony. The applicant had failed to attend court to be examined about his means and as a result his passport was confiscated. His application to have the passport returned was refused. In…
IF YOU MISSED THE WEBINAR ON INFORMING THE CLIENT ABOUT THE COSTS OF LITIGATION IT IS NOW AVAILABLE “ON DEMAND”
The webinar on informing the client about the costs of litigation is now available “on demand” and details can be found here. THE REASONS FOR THE WEBINAR Recent Legal Ombudsman decisions show that solicitors’ firms are being ordered…
WITNESS EVIDENCE WEDNESDAY: MAKING ASSERTIONS WITH NO CORROBORATIVE EVIDENCE LEADS TO APPLICATION BEING REJECTED: THE EVIDENCE WAS SO “UNSPECIFIC” THAT IT FAILED TO PROVE THE APPLICANT’S CONCERNS
Here we look at the judge’s assessment of the evidence produced in support of an application that details of the applicant should not be disclosed. The judge held that the evidence was “unspecific” and was not corroborated. There was a…
COST BITES 367: THE SOLICITOR’S TERMS OF BUSINESS MEANT THAT BILLS RENDERED WERE EACH FINAL BILLS: THE TERMS OF ENGAGEMENT WERE “UNEQUIVOCALLY CLEAR”
The issue of whether “interim” bills rendered by solicitors were “statute” bills or “Chamberlain” bills is one that can have profound practical importance. If they are not statute bills then they may be open to a Solicitors Act assessment. If…
COURT ORDER PREVENTS CLAIMANTS FROM SENDING COURT DOCUMENTS TO CERTAIN PARTIES: THE CLAIMANT’S CONDUCT AMOUNTED TO AN ABUSE OF PROCESS OF THE COURT: THE DEROGATION FROM THE OPEN JUSTICE PRINCIPLE IS JUSTIFIED
Here we have an unusual order under CPR 31.22 (2) made in unusual circumstances. The claimant was precented from sending documents disclosed to in proceedings, and mentioned in open court, to various specified entities. It is a reminder of the…
THE APPELLATE JUDGE SHOULD NOT HAVE ALLOWED THE APPELLANTS TO RUN A NEW ISSUE : THE ABILITY TO PAY COSTS IS AN IMPORTANT FACTOR AND WAS NOT CONSIDERED PROPERLY
Here we have a case where the appellants were, initially, allowed to argue a point that had not been argued in the court below. The Court of Appeal was clear in its view that the judge should not have allowed…
SERVICE POINTS 31: RELIEF FROM SANCTIONS GRANTED WHEN THE CLAIMANT FAILED TO APPLY IN TIME TO LIFT A STAY: A RARE SUCCESS ON A CLAIM FORM ISSUE
Here we are looking at an unusual set of facts in relation to service of the claim form, not least because it led to the issues being considered under the Denton criteria and is a (relatively rare) example of a…
THE CURRENT IMPORTANCE OF PLEADINGS 61: CLAIM FOR LIBEL WAS NOT PROPERLY PLEADED: “MUCH OF THIS ESSENTIAL DETAIL IS MISSING”
As we shall see there are very strict and precise requirements for pleading libel. There are numerous cases where the claimant has failed to get past the preliminary stages because of inadequate pleadings. We look at such a case here….
HALLUCINATIONS KEEP APPEARING IN THE REPORTS: TWO MORE EXAMPLES: COUNSEL AT FAULT IN BOTH…
We are looking at two more examples of “hallucinated” cases appearing in reported cases. In both cases it was counsel that was presenting the case. (In one case counsel was acting for himself). “The incident does, however, demonstrate vividly the…
PROVING THINGS 283: FAILING TO ESTABLISH A CLAIM FOR PROVISIONAL DAMAGES FOR ONE SET OF SYMPTOMS BUT ESTABLISHING IT IN ANOTHER
There are relatively few judgments in which the law and practice relating to provisional damages are considered in detail. We have such a case here. Further it is an example of the claimant failing to establish provisional damages in relation…
BACK TO BASICS MONDAY: THE NEED TO SERVE A NOTICE DISPUTING THE AUTHENTICITY OF A DOCUMENT: CPR 32.19
Here we look at a case that illustrates a very basic principle of civil procedure and evidence. It is a case where the claimant was, in essence, disputing the authenticity of several documents. However a basic procedural step had not…
THE CURRENT IMPORTANCE OF PLEADINGS 60: FAILING TO PLEAD A CLAIM FOR “LOSS OF CHANCE” LEADS TO TRIAL BEING RESTRICTED TO LIABILITY (AND THE CLAIMANT’S FACING RESPONSIBILITY FOR ADDITIONAL COSTS)
Here we are looking at a failure to plead the claimant’s case as to damages fully. The claimant wanted to advance a claim for “loss of chance” in addition to seeking damages on the balance of probability. The judge rejected…
AVOIDING THE PITFALLS OF DRAFTING PLEADINGS: WEBINAR 2nd APRIL 2026
The series on the “Current importance of pleadings” has now reached 59 posts. There are other posts in the series that are imminent. This webinar looks at issues in relation to drafting statements of case. BOOKING DETAILS Are available…
WHEN FUNDING AND CFA SCHEMES GO BADLY WRONG: A CASE THAT EXAMINES THE FALLOUT: £48 MILLION PAID OUT TO DATE … AND COUNTING
Here we have an important decision for litigators, litigation funders, legal insurers and clients. It is a challenge to summarise this case, but it is essential reading nevertheless. Here, as an initial view, is an overview of the funding scheme…
THROWBACK FRIDAY: MORE ABOUT LITIGATORS AND WORKLOAD (IT’S STILL NUTS): MARCH 2016
Here we look at a post from March 2016. It raised some comments at the time and followed on from a previous post we have looked at (which in turn led to several comments). It asks the, fairly fundamental, question…
NEW EDITION OF THE KING’S BENCH GUIDE: WHERE TO FIND IT AND THE SIGNIFICANT CHANGES
A new edition of the King’s Bench Guide has been published. There are many useful points for litigators, in particular using CE-FILE, the new email addresses and some corrected links. “The Guide does not have the status of a Practice…
CIVIL LITIGATION BRIEF HAS ITS OWN LINKEDIN PAGE (“ABOUT TIME TOO” – APPARENTLY)
Civil Litigation Brief now has its own LinkedIn page. It is another way of following the posts on this site. Posts will be posted as they are published and it is another way of being able to keep up to…
COST BITES 364: THE PHILOSOPHY OF THE CPR IS “PAY AS YOU GO”: JUDGE SUMMARILY ASSESSES COSTS OF SUMMARY JUDGMENT ISSUES AT £109,576 PLUS VAT
Here we are returning to a case we looked at yesterday. The judge granted the claimant summary judgment on certain issues. The defendants elected not to attend the application. The defendants were ordered to pay costs on the indemnity basis. …
THE IMPORTANCE OF SOLICITORS’ ESTIMATES IN RELATION TO COSTS: SOME EXAMPLES WHERE PROBLEMS HAVE OCCURRED (WITH A FINAL PLUG FOR THE WEBINAR ON THE 19th MARCH)
The recent short series on this site about the Ombudsman and estimates of costs highlighted the issues that can occur when there are disputes over costs and the original figures given by the solicitor. However the Ombudsman is not the…
CLINICAL NEGLIGENCE CORNER 7: CLAIM FOR PSYCHIATRIC INJURY AS A RESULT OF BEING PRESENT AT BIRTH WAS STRUCK OUT: TESTING THE PARAMETERS OF PAUL -v- WOLVERHAMPTON
This case represents an attempt to sidestep the decision in Paul v Royal Wolverhampton NHS Trust [2024] UKSC 1. As we shall see it was not successful. This is one of the first, if not the first, reported case since…
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