MAZUR MATTERS 23: THIS ISSUE GOES BACK TO 1729: A BRIEF HISTORY OF THE LEGISLATION OF THE RIGHT TO "CONDUCT LITIGATION": THIS WILL HELP CONTEMPORARY DEBATE

MAZUR MATTERS 23: THIS ISSUE GOES BACK TO 1729: A BRIEF HISTORY OF THE LEGISLATION OF THE RIGHT TO “CONDUCT LITIGATION”: THIS WILL HELP CONTEMPORARY DEBATE

Some of the commentary on the Mazur issues suggests that the problem occurs because of a “rogue” definition contained in a schedule to the Legal Services Act 2007.  In fact there have been statutory provisions on this issue since (at least) 1729. …

MAZUR MATTERS 21: WHEN AN INSURER GIVES OUT DETAILED ADVICE THEN WE SHOULD ALL PAY CLOSE ATTENTION ...

MAZUR MATTERS 21: WHEN AN INSURER GIVES OUT DETAILED ADVICE THEN WE SHOULD ALL PAY CLOSE ATTENTION …

There is a growing amount of guidance on practical means for lawyers to deal with the Mazur decision.  Links have been provided in earlier posts. However this guidance, in particular, is of some  considerable significance.  A major insurer has provided…

SHOULD A COURT STRIKE AN ACTION OUT AFTER A TRIAL WHEN THE CLAIMANTS' CONDUCT HAS BEEN REALLY BAD? THE HIGH COURT CONSIDERS THE QUESTION...

SHOULD A COURT STRIKE AN ACTION OUT AFTER A TRIAL WHEN THE CLAIMANTS’ CONDUCT HAS BEEN REALLY BAD? THE HIGH COURT CONSIDERS THE QUESTION…

Here we are considering an unusual issue about an unusual case.  At the end of the evidence the defendants made a submission that the action should be struck out because the claimants conduct had made a fair trial impossible. The…

SOME MORE ABOUT SURVEILLANCE EVIDENCE: THOSE CARRYING OUT THE FILMING MUST NOT ATTEMPT TO USURP THE ROLE OF THE TRIAL JUDGE

SOME MORE ABOUT SURVEILLANCE EVIDENCE: THOSE CARRYING OUT THE FILMING MUST NOT ATTEMPT TO USURP THE ROLE OF THE TRIAL JUDGE

We are looking again at the decision yesterday in relation to the conduct of surveillance evidence.  Just to highlight two issues: (1) a camera operator should not try to usurp the functions of the judge.  The practice of providing a…

THE PRACTICAL IMPLICATIONS OF MAZUR CONSIDERED: HOW NOT TO BREAK THE CRIMINAL LAW BY USING NON-QUALIFIED STAFF... WEBINAR 3rd OCTOBER 2025

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…

GIVING BAD NEWS TO CLIENTS: SOME USEFUL HINTS AND SOME USEFUL LINKS

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…

COST BITES 281: THE CLAIMANTS SUCCEEDED AT TRIAL - ARE THEY ENTITLED TO INDEMNITY COSTS OR SHOULD COSTS BE REDUCED BY 20%?

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…

MY WITNESSES HAVE MADE  STATEMENTS BUT WILL NOT ATTEND THE TRIAL: WHAT IS THE JUDGE GOING TO INFER? SECTION 2(4) OF THE CIVIL EVIDENCE ACT 1995 CONSIDERED

MY WITNESSES HAVE MADE STATEMENTS BUT WILL NOT ATTEND THE TRIAL: WHAT IS THE JUDGE GOING TO INFER? SECTION 2(4) OF THE CIVIL EVIDENCE ACT 1995 CONSIDERED

Here we are looking at a case where the claimant served witness statements that he said he was going to rely on.  It only became apparent part way through the trial that the claimant was not, in fact, going to…

RELIEF FROM SANCTIONS GRANTED AFTER CLAIMANTS BREACHED PEREMPTORY ORDER: RETIRED FOOTBALLERS ALLOWED TO STAY ON THE FIELD...

RELIEF FROM SANCTIONS GRANTED AFTER CLAIMANTS BREACHED PEREMPTORY ORDER: RETIRED FOOTBALLERS ALLOWED TO STAY ON THE FIELD…

We are looking today at a case with an unusual, if not extraordinary, procedural history.  The Master observed that the claimants had been very poorly represented in the past:  “It is abundantly clear from the succession of retainers and instructions…

APPLICANT REFUSED PERMISSION TO RELY UPON A WITNESS STATEMENT THAT WAS SERVED LATE: NON-COMPLIANCE WITH THE RULES IS EFFECTIVELY A FORM OF CHEATING

APPLICANT REFUSED PERMISSION TO RELY UPON A WITNESS STATEMENT THAT WAS SERVED LATE: NON-COMPLIANCE WITH THE RULES IS EFFECTIVELY A FORM OF CHEATING

Here we are looking at a case from the family jurisdiction.  Slightly different rules apply, however the overall principles are the same as in the CPR. The judge had to consider whether to grant permission to an applicant to rely…

PROFESSIONAL NEGLIGENCE NEWS 4: WHO SHOULD PAY THE COSTS WHEN THE CLAIMANT INITIALLY SUED THE WRONG DEFENDANT BUT THE ACTION WAS NOT STRUCK OUT?

PROFESSIONAL NEGLIGENCE NEWS 4: WHO SHOULD PAY THE COSTS WHEN THE CLAIMANT INITIALLY SUED THE WRONG DEFENDANT BUT THE ACTION WAS NOT STRUCK OUT?

Litigators and litigants are always particularly interested in knowing what the costs consequences of a hearing was. We get an opportunity to consider this here, looking at the costs order of a judgment we have already considered.  What should the…

WHY IS THIS SOLICITOR GIVING EVIDENCE? NOT REALLY A QUESTION YOU WANT A JUDGE TO ASK: PARTICULARLY WHEN THE ANSWER IS “I DON’T KNOW” BUT “I WAS PAID TO DO SO”

An earlier post looked at a case where the court struck out large parts of a witness statement of a solicitor who was proposing to give evidence at trial.  Here we look at what happened to the remaining parts of…