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…
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…
CIVIL PROCEDURE BACK TO BASICS 103: THE STANDARD FORM FOR PART 36 OFFERS
Yesterday I gave a webinar about Part 36, this will shortly be available on YouTube. The webinar reviews cases over the past 12 months. One of the points being considered was the arguments in Henderson & Jones Ltd v Salica Investments…
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…
CLAIMANT FAILS TO BEAT DEFENDANT’S PART 36 OFFER “BY A WHISKER”: IS IT UNJUST FOR THE USUAL PART 36 CONSEQUENCES TO APPLY?
Here we are considering a High Court decision about the consequences of a Part 36 offer. The claimant failed to beat the offer “by a whisker” because of the way in which interest was calculated. The judge considered the claimant’s…
CAN THE COURT ORDER A CLAIMANT TO DELIVER UP REPLIES TO PART 18 QUESTIONS BEFORE A DEFENCE IS FILED? THE ISSUE CONSIDERED IN THE HIGH COURT
There are relatively few cases on procedural issues relating to Part 18. In this case the judge considered whether the court had power to compel a claimant to reply to Part 18 questions from the defendant before a defence was filed. …
THE CURRENT IMPORTANCE OF PLEADINGS 13: INAPPROPRIATE PLEADING OF FRAUD LEADS TO COSTS ON AN INDEMNITY BASIS
I am not sure whether there are more cases about pleadings recently, or whether I am noticing them more having started this series. However issues relating to statements of case keep arising. Here we look at a case where the…
PERSONAL INJURY POINTS 6: HOW IS THE COURT GOING TO APPROACH THE COSTS OF ACCOMMODATION WHEN THE CLAIMANT HAS A REDUCED LIFE EXPECTANCY – & HOW DOES THE COURT DEAL WITH THIS ON AN APPLICATION FOR AN INTERIM PAYMENT?
The decision in Swift -v- Carpenter set out the approach the courts should normally take when a claimant needs to purchase accommodation because of their injuries. However that judgment, expressly, left open issues relating to the approach the courts should take…
THE CURRENT IMPORTANCE OF PLEADINGS 12: A DEFENDANT IS NOT EXPECTED TO DIVINE THE NATURE OF THE CLAIMANT’S CASE
Today we are looking at a pleadings issue that arose in the course a lengthy contractual dispute. The claimant made certain, specific allegations, and pleaded that these matters breached a large number of contractual obligations. However, at trial, the claimant…
PART 36 IN THE COURTS IN THE PAST 12 MONTHS: WEBINAR 3rd JUNE 2025: KINGS CHAMBERS
There is always a batch of interesting cases on Part 36, for the past four years I have reviewed this in a webinar arranged by my chambers. This year is no different and the webinar takes place on the 3rd…
SERVICE OF INJUNCTIONS: THE COURT ALLOWS SERVICE BY EMAIL RATHER THAN PERSONAL SERVICE
Injunctions normally have to be served in person. Here we are looking at a short point as to when it is permissible to serve an injunction by email. THE CASE Chanel Ltd v Skeens [2025] EWHC 619 (KB)…
PROVING THINGS 261: PROVING FUTURE INTENTIONS: AN INTENTION TO HAVE MEDICAL OPERATIONS CARRIED OUT PRIVATELY
Today we are looking at a case where the defendant appealed against a decision that the claimant could recover the future cost of medical treatment to be carried out on a private basis. Statute states that there is no duty…
COST BITES 240: THERE IS NOT A “CATCH 22” POSITION IN RELATION TO THE DRAFTING OF THESE CONDITIONAL FEE AGREEMENTS
We are continuing to work through the results of one case in relation to the recoverability of success fees from a client’s damages. The claimants, seeking to challenge their former solicitors deduction of costs from their damages, argued that the…
THE CITATION OF FALSE AUTHORITIES: THE LEGAL REPRESENTATIVES HAVE A DATE IN COURT ON THE 23rd MAY
I have written several times about the remarkable decision in Frederick Ayinde, R (on the application of) v The London Borough of Haringey [2025] EWHC 1040 (Admin) where false authorities were presented to the court. I have also written about …
THE CURRENT IMPORTANCE OF PLEADINGS 10: THE DUTIES ON A PARTY PLEADING ALLEGATIONS OF FRAUD OR DECEIT
Allegations of fraud have to be pleaded with care. Those pleading such assertions must have “reasonably credible material” to support them. Here we look at a case where allegations of deceit were made. The judge found that the allegations had…
ANOTHER (YES ANOTHER) CASE OF FAKE AUTHORITIES BEING CITED TO THE COURT: APPEAL STRUCK OUT AS AN ABUSE OF PROCESS
Unbelievably we are looking at another case where the court found that false authorities had been cited to it. The appeal was struck out as an abuse of process. “In my judgment, the Court needs to take decisive action…
PERSONAL INJURY POINTS 2: CONTRIBUTORY NEGLIGENCE, CAUSATION, EVIDENCE AND FAILURE TO WEAR A CYCLE HELMET (SOMETHING ABOUT PLEADINGS TOO)
In the previous post in this series I mentioned that there was a backlog. I didn’t anticipate that I would be looking at a case that was decided in 2009. However the judgment has recently arrived on BAILLI and it…
PERSONAL INJURY POINTS 1: WHAT DISCOUNT SHOULD BE GIVEN WHEN CARE IS PROVIDED GRATUIOUSLY ? THE COURT REVIEWS THE “STANDARD APPROACH”
For a while now I have planned a series that gives a focal point to the many cases and examples that arise, and are sent to me, in relation to personal injury matters. Many people offer help but the procedural…
WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 21st MAY 2025
A defendant is entitled to make a Part 36 offer whenever it wants. The making of an early offer can cause major problems for claimants and their lawyers. An understanding of the rules, the relevant cases and the steps that…
CIVIL PROCEDURE BACK TO BASICS 102: HOW NOT TO WRITE A LEGAL LETTER (2): SOME EXAMPLES – THREATENING TO SUBJECT YOUR OPPONENT TO THE “LEGAL EQUIVALENT OF A PROCTOLOGY EXAM”
We are continuing with this back to basics series with some more examples of how not to write legal correspondence. We are looking at an (extreme) example, some guidance from the SRA and then the principles considered in more recent cases….
CIVIL PROCEDURE BACK TO BASICS 101: HOW NOT TO WRITE A LEGAL LETTER : DIMISSING CRUCIAL POINTS AS “COSMETIC” ERRORS LEADS TO REFERRAL TO THE SRA
There has not been a post in this series for some time. There was one case last week that made me decide to restart the series. It is not difficult to guess which case caused me concern. …
SERVICE OF THE CLAIM FORM UNDER THE ELECTRONIC PILOT: SERVICE BY EMAIL OF AN ELECTRONICALLY SEALED COPY OF THE CLAIM FORM IS GOOD SERVICE
CPR PD510 provides for the electronic issue of a claim form. The claim form will be sealed electronically. What are the consequences for service of the claim form when service takes place by email? This issue was considered (albeit on…
THE CURRENT IMPORTANCE OF PLEADINGS 9: THE PRIMARY FACTS UNDERLYING ALLEGATIONS OF DISHONESTY MUST BE PLEADED
Parties alleging dishonesty and fraud have to be very careful in the way they plead their case. These matters cannot be pleaded lightly, and there are professional obligations on the pleader to ensure that there is reasonably credible material that…
WHEN CASES RELIED UPON IN WRITTEN ARGUMENTS WERE SIMPLY “FALSE”: WASTED COSTS ORDER MADE AGAINST COUNSEL AND SOLICITORS
This blog celebrates its 12th anniversary next month. Civil Litigation Brief started as a column in the Solicitors Journal 35 years ago. Over that time many people have helpfully sent me and pointed me me to cases of interest. In…
COST BITES 236 : COSTS BUDGETING CAN BE RETROSPECTIVE : BUDGET CONSIDERED FROM THE DATE OF THE CCMC NOT 11 MONTHS LATER
Can the court ever set a costs budget retrospectively? In this case the judge held that it could, further there were good reasons for doing so in this case. “I do not accept that the Court is unable to…
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…
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