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…
WHEN EXPERT EVIDENCE GOES WRONG : THE IMPORTANCE OF ACCURATE INFORMATION BEING GIVEN TO THE EXPERT
We have looked at the judgment in Aviva Insurance Ltd v Nadeem & Anor [2024] EWHC 3445 (KB) HHJ Tindal (sitting as Judge of the High Court) before, in the context of the failure of committal proceedings following an earlier finding…
“THIS CASE …HAS COME BEFORE THIS COURT IN SUCH A DISORDERED AND CHAOTIC STATE THAT IT IS SIMPLY IMPOSSIBLE TO PROCEED IN A FAIR WAY
In T v T & Ors (Disregard for Procedural Rules, Adjournment) [2025] EWFC 14 (B) Recorder Chandler KC set out a large number of matters on which the applicant had failed to comply with the rules. It is a judgment…
AN INSURER CAN CONTINUE AN APPEAL AFTER THE APPELLANT HAS BEEN DISSOLVED: JOIN ITSELF INTO THE ACTION
The Court of Appeal decision in Birley & Anor v Heritage Independent Living Ltd [2025] EWCA Civ 44 also dealt with an interesting point of procedure. The appellant company had been dissolved shortly before the appeal was heard. The Court of…
FAILING TO SERVE THE CLAIM FORM IS NOT AN “ABUSE OF PROCESS” SO AS TO LEAD TO QOCS BEING DISAPPLIED: COURT OF APPEAL DECISION
We are returning to the decision of the Court of Appeal in Court of Appeal in Birley & Anor v Heritage Independent Living Ltd [2025] EWCA Civ 44. The Court upheld a finding that the failure to serve the claim form, or…
AN APPLICATION – AND ORDER – FOR A STAY OF PROCEEDINGS DOES NOT LEAD TO TIME FOR SERVICE OF THE CLAIM FORM BEING EXTENDED: A POINT TO WATCH
It was possible that we could get to the end of January without a claim form case being reported. It was, however, unlikely. A failure to serve was one of the many issues considered by the Court of Appeal in…
INSURER FAILS IN COMMITTAL PROCEEDINGS AFTER A COURT HAD EARLIER MADE FINDINGS OF FUNDAMENTAL DISHONESTY TO THE CRIMINAL STANDARD: MANY TROUBLING THINGS HERE
In Aviva Insurance Ltd v Nadeem & Anor [2024] EWHC 3445 (KB) HHJ Tindal (sitting as Judge of the High Court) dismissed an action for committal against someone who had been found to be fundamentally dishonest at a personal injury…
COURT REFUSES PERMISSION TO RELY ON EXPERT EVIDENCE: AN “INAPPROPRIATE DISTRACTION”: A REPORT WAS “IN FACT LEGAL ARGUMENTS DRESSED UP AS ECONOMIC EXPERTISE”
In Kington SARL v Thames Water Utilities Holdings Ltd (Rev1) [2025] EWHC 84 (Ch) Mr Justice Trower rejected the applicant’s application to rely on expert evidence. The proposed expert report was to “uncertain” and, in any event, unlikely to assist…
AVOIDING THE PITFALLS IN SERVICE OF THE CLAIM FORM: WEBINAR 4th FEBRUARY 2025: CAN YOU AFFORD TO MISS IT?
Every year this blog covers numerous cases where claimants (and occasionally defendants) come to grief in relation to service of the claim form. The frustrating issue in relation to service issues is that most (if not all) of the problems…
CAN A CLAIMANT WHO HAS ISSUED PART 8 PROCEEDINGS FOR APPROVAL OF AN INTERIM PAYMENT BE COMPELLED TO TRANSFER THE ACTION TO PART 7: THE COURT THINKS NOT
I am grateful to Chris Barnes KC for allowing me to rely on his note of a post he put on LinkedIn yesterday. It relates to the question of whether a court can “convert” Part 8 proceedings issued for the…
COURT GRANTS DEFENDANT’S APPLICATION FOR AN ADJOURNMENT DUE TO THE ILLNESS OF LEADING COUNSEL
In Manchester Property Development Holdings & Anor v Kuit Steinart Levy LLP [2025] EWHC 35 (Comm) Dame Clare Moulder DBE granted the defendant’s application for an adjournment of an imminent trial because Leading Counsel became unexpectedly ill. There was insufficient…
COST BITES 205: THE COURT CAN CHANGE ITS MIND AFTER MAKING AN ORDER ON THE PAPERS: THE DANGERS OF “ETERNAL GAMES OF PING PONG”
In Smith v McAlpine [2024] EWHC 3408 (KB) Senior Master Cook varied an order for costs that had been made after an application had been considered on the papers. After considering further submissions he found that his original order, that…
MAKING AN APPLICATION FOR RELIEF FROM SANCTIONS? 10 KEY POINTS TO HELP
Periodically I revisit posts on this blog to see whether they remain of relevance – this post (from January 2016) does. It sets out ten key points in making an application for relief from sanctions. Every point made nine years…
FAMILY COURT AND CIVIL COUNTY COURT LEEDS: NOT ACCEPTING DIRECT CALLS FROM THE 22nd JANUARY 2025
HMCTS have sent out a letter informing practitioners of changes to the telephone arrangements in Leeds Family Court and Civil County Court in Leeds from the 22nd January 2025. Note that the Business and Property Court is not affected. “New…
WITNESS STATEMENTS: REASONS TO BE WARY OF ELECTRONIC SIGNATURES (2): A SOLICITORS DISCIPLINARY TRIBUNAL DECISION
We are returning to the issue of the difficulties that can be caused by the use of electronic signatures on witness statements. The dangers involved can be seen clearly in the decision of the Solicitors Disciplinary Tribunal in SRA -v-…
CIVIL LITIGATION BRIEF IN 2024: SOME FACTS AND FIGURES
As 2024 draws to a close this is a good time to look back at the year in terms of civil procedure. There have been 463 posts to date this year amounting to 938 thousand words (I haven’t counted them…
WITNESS STATEMENTS: REASONS TO BE WARY OF ELECTRONIC SIGNATURES (1)
In Waterrower (UK) Limited v Liking Ltd (t/a Topiom) [2024] EWHC 3049 (IPEC) Campbell Forsyth (sitting as a High Court Judge) observed that there were a number of issues with a witness statement served on behalf of the defendant. There…
OPENING LINES OF JUDGMENT IN 2024: GIVING THE OTHER SIDE A CHANCE TO OBJECT, NELSONIAN POLICY MAKING,HERDS OF CATTLE AND WHY THIS BLOG CAN NEVER GIVE THE LAST WORD ON SERVICE OF THE CLAIM FORM…
We are at the time of year when we can look back at some of the opening lines of judgments. This year it is clear that this is an international contest. THE SUPREME COURT STARTS OF THE YEAR WITH…
“STATEMENTS OF CASE PLAY AN ESSENTIAL ROLE IN CIVIL LITIGATION”: THE DEFENDANT WAS NOT ALLOWED TO RUN A CASE ON CAUSATION THAT IT HAD NOT PLEADED: CLINICAL NEGLIGENCE CASE CONSIDERED
In MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB) HHJ Emma Kelly (sitting as a High Court Judge) found that the defendant in a clinical negligence trial was trying to run a case on causation that…
WITNESS STATEMENTS: “COMPLIANCE WITH THE PRACTICE DIRECTION IS NOT SIMPLY A MATTER BETWEEN THE PARTIES”: THE WITNESS IS “THE AUTHOR OF HIS OWN MISFORTUNE”
In Milford Investments Ltd v Lanyon Bowdler LLP [2024] EWHC 3227 (Comm) we see yet another example of a witness statement that does not comply with the rules. Although the defendant did not argue that the statement should not be…
CLAIM WAS ISSUED PROPERLY IN THE HIGH COURT, EVEN THOUGH IT WAS SENT TO THE WRONG OFFICE
In Lawrence, R (On the Application Of) v London Borough of Croydon [2024] EWHC 3061 (Admin) Mr Justice Linden dismissed the defendant’s application to strike out a claim on the basis that it had not been brought in time. The…
“PROFESSIONALISM DEMANDS THAT LAWYERS PICK THEIR BATTLES WISELY”: JUDGE GRANTS EXTENSION AND ORDERS THE LAWYERS TO GO TO LUNCH TOGETHER…
Coming to the end of the year, and with Christmas nearly upon us, all lawyers could benefit from reading the judgment of Chief U.S. District Judge David Proctor in McCullers v. Koch Foods of Ala., LLC in 2024 WL 4907226…
BUNDLES: THE VIEW FROM THE BENCH: “DOCUMENT MANAGEMENT IS CENTRAL TO WHAT WE DO”
As (possibly) the last post on bundles this year I am inviting you all to read an extract from Mr Justice Fordham’s speech to the Hart Judicial Review Conference. The full text of the speech is available here and it…
APPLICATION FOR PRE-ACTION DISCLOSURE AGAINST A GOLF CLUB GETS A FAIRWAY: THERE MAY BE NO NEED TO TEE OFF: THIS COULD WELL AVOID PROCEEDINGS
In Dennis & Ors v Queenwood Golf Club Ltd [2024] EWHC 3191 (Ch) Mr Justice Miles granted pre-action disclosure of some of the documents sought by the claimants. What is noticeable in the judgment in the judge’s view that early…
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