CITING FALSE CASES TO THE COURT 4: THE COURT’S REVIEW OF CASES WHERE AI HAD CAUSED TROUBLE – AT HOME AND ABROAD
The use of AI which cites “false” cases is extremely worrying. It is clear that this is a widespread issue. In an appendix to the judgment the Divisional Court reviewed the cases, including many from foreign jurisdictions, where AI had…
CITING FALSE CASES TO THE COURT 3: THE PROBLEMS, THE GUIDANCE AND THE PENALTIES: PERVERTING THE COURSE OF JUSTICE HAS A MAXIMUM SENTENCE OF LIFE IMPRISONMENT…
We are returning to (and not for the last time) to the Divisional Court judgment in relation to the citation of false authorities due to the use of Artificial Intelligence. The Court reviews the dangers, the guidance and the sanctions…
CITING FALSE CASES TO THE COURT 2: A LAWYER IS NOT ENTITLED TO RELY ON THEIR LAY CLIENT FOR THE ACCURACY OF CITATIONS OF AUTHORITY
We are continuing with the examination of the Court’s judgment in relation to cases where false authorities have been cited as a result of a reliance on false authorities, generated by artificial intelligence. Here we have a case where the…
CITING “FALSE” CASES TO THE COURT 1: JUDGMENT ON THE CONTEMPT OF COURT HEARINGS 1: THE CASE OF AYINDE
This blog has already considered the case of Frederick Ayinde, R (on the application of) v The London Borough of Haringey [2025] EWHC 1040 (Admin) on several occasions. False (presumably AI generated) authorities were put before the court. That case,…
“THIS PRELIMINARY ISSUE TRIAL IS NOT A REHEARSAL”: THE DIFFICULTIES A CLAIMANT HAS IN A CLAIM UNDER THE THIRD PARTY (RIGHTS AGAINST INSURERS) ACT 2010
Here we look at a case where the claimant suggested that a preliminary issue trial be adjourned. The court was firm in its rejection of that suggestion. The judge stated that the trial “is not a rehearsal” and that if…
PROVING THINGS 262: CLAIMANTS DID NOT HAVE THE EVIDENCE AT TRIAL TO PROVE THE DAMAGES SOUGHT: AN EXHAUSTING JOB
This series may well be misnamed. A more apt description may well be “not proving things”. That is what we are considering in looking at the case today. There was a lengthy trial with a substantial claim for damages. The…
THE CURRENT IMPORTANCE OF PLEADINGS 15: THE CLAIMANT HAD NOT PLEADED AN ISSUE SHE WANTED TO RELY ON AT TRIAL: THE ISSUE WAS “NOT PURSUED”
This series is giving rise to more cases than I initially thought. Here we look at an example of a claimant wishing to pursue a specific line of argument but having to accept that it was not pleaded and that…
FOUR PART 36 WEBINARS – ALL AVAILABLE ON YOUTUBE: WHAT A TREAT – POTENTIALLY A WHOLE NIGHT’S VIEWING…
The webinar on Part 36 that I broadcast earlier this week is now available on YouTube and can be found here. Links to previous webinars on Part 36 can be found below. MATTERS COVERED IN THE 2025 WEBINAR This…
WRITING TO THE JUDGE AFTER THE DRAFT JUDGMENT HAS BEEN SENT OUT: THIS IS NOT AN OPPORTUNITY TO ADVANCE FURTHER ARGUMENT
There have been a large number of cases where the courts have been critical of attempt to “re-open” judgments at the stage where the draft judgment is circulated. We see another example here. The judge reviewed the cases on this…
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…
THE CLAIMANT DID NOT NEED TO ANSWER THE PART 18 REQUESTS MADE: THESE REQUESTS ARE AKIN TO THE “PRE CPR-PROCEDURE”
There have been a number of cases recently relating to Part 18 questions and questions to experts. Here we are looking at a case where the defendant raised numerous requests to the claimant and sought a peremptory order when it…
PART 35 QUESTIONS TO EXPERTS A POINT ABOUT THE CASE LAW: HOW FAR CAN THE QUESTIONS GO? A CLOSE LOOK AT THE COURT OF APPEAL DECISION IN MUTCH
The previous post about when experts should be called to give evidence also contained a consideration of the nature of questions that can be put to experts. One of my colleagues has suggested that the summary relating to the questioning…
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…
COST BITES 243: EMPLOYMENT TRIBUNAL DID NOT ERR WHEN IT ORDERED THE APPLICANT TO PAY (UP TO) £210,000 IN COSTS
It is important for all litigators and litigants to know that some regimes, although normally costs free, do have a discretion to award costs. The Employment Tribunal is an example of this. In this case the Employment Appeal Tribunal upheld…
WITNESS STATEMENTS, FORGED DOCUMENTS AND A FINDING OF CONTEMPT OF COURT: A WHOLE BUNCH OF PROBLEMS
This is a case where the judge found that the claimant and a witness relied on documents that they knew to be forged. It is an important reminder of the lengths that some people can go to in litigation. It…
PERSONAL INJURY POINTS 7: THE COUNCIL WAS LIABLE FOR THE STATE OF AN UNADOPTED HIGHWAY: A FINDING FOR THE CLAIMANT WAS NOT A BRIDGE TOO FAR
The issues of an occupier’s duty in relation to those walking along unadopted highways are always complex. Here we look at a case where the claimant was successful in establishing a breach of duty following an injury she sustained when…
THE CURRENT IMPORTANCE OF PLEADINGS 14: THE DEFENDANT COULD GIVE EVIDENCE OF MATTERS THAT WERE NOT PLEADED
Today we are looking at a case where the judge rejected an argument that evidence could not be given because the particular issue had not been pleaded. The judge held that, on the facts of this case, the evidence was…
Interest rate reductions on the Court Funds Office special and basic accounts: 30 May 2025
The Ministry of Justice announced on the 30th May 2025 that there is to be a reduction in the interest rates paid on funds in the Court Funds Office. Photo by micheile henderson on Unsplash THE ANNOUNCEMENT The announcement can be found here. “In…
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…
COST BITES 242: THE WORDING OF THE RETAINER DID NOT ENABLE THE SOLICITOR TO RENDER INTERIM STATUTE BILLS: THE BILLS HAD INSUFFICIENT INFORMATION IN ANY EVENT
I am grateful to my colleague Paul Hughes for sending me a copy of the decision we are looking at today. Another case on the ongoing saga of whether a retainer allows a solicitor to serve interim statute bills. The…
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. …
YOU SPENT £1.2 MILLION ON EXPERTS AND IT WAS MAINLY MONEY DOWN THE DRAIN: DEFENDANTS ALLOWED TO RECOVER 20% OF FEES INCURRED
Sometimes you have to go looking for a pun as a headline for a blog post. Often they simply write themselves. In a case involving water companies who spent £1.2 million on experts, this was one of these cases. The…
PERIODICAL PAYMENTS AND PROVISIONAL DAMAGES 2025: WEBINAR 4th JUNE 2025
This webinar looks at recent cases in relation to periodical payments and periodical payments, including an interesting negligence case brought against solicitors who failed to claim provisional damages. Booking details are available here. It then looks at the…
COST BITES 241: LEGAL OMBUDSMAN’S DECISION IN RELATION TO FAILURE TO INFORM THE CLIENT ABOUT COSTS WAS NOT IRRATIONAL: SOLICITOR PAYS £35,000
NB THE JUDGE’S DECISION TO OVERTURN THE OMBUDSMAN’S DECISION IN PART WAS IN TURN OVERTURNED BY THE COURT OF APPEAL IN Aina Khan Law Limited, R (on the application of) v Legal Ombudsman [2026] EWCA Civ 773, DETAILS OF THAT…
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…
THE JUDGE WAS WRONG TO GRANT THE DEFENDANT SUMMARY JUDGMENT IN A PERSONAL INJURY CASE: THIS SHOULD NOT BE A “MINI TRIAL”
Today we are looking at a case where the claimants were successful on appeal in overturning an order granting the defendant summary judgment. The case shows the limits of applications for summary judgment, in particular arguments that evidence was not…
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…
INTEREST ON DAMAGES AND COSTS THAT HAVE TO BE REPAID FOLLOWING AN APPEAL: WHAT IS THE APPROPRIATE RATE?
Losing a case on appeal is always painful. Having to repay the damages and costs that have been received is more painful still. Another element of pain is the fact that the losing party has to pay interest on the…
A SERVICE OF THE CLAIM FORM CASE WITH A TWIST IN THE TAIL: AND WHAT A TALE THIS IS…IT LEADS TO A LOT OF WASTED COSTS (AND A POTENTIAL WASTED COSTS ORDER)
Today we are looking at a case about a failure to serve the claim form properly. The claimant did not consider whether they knew, or had served, on the defendant’s “last known residence”. As a result a default judgment, order…
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…
PERSONAL INJURY POINTS 5: THE PUBLICAN WAS NOT VICARIOUSLY LIABLE FOR THE ACTS OF A SEPARATE SECURITY COMPANY
When a claimant is injured by doormen working on licensed premises is the publican vicariously liable if the assailants were employed by a separate security company ? The answer is “it depends”. The issue is primarily one of control. It…
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…
THE CURRENT IMPORTANCE OF PLEADINGS 11: THE COURT WON’T STRIKE OUT PARTS OF THE DEFENCE BECAUSE… ITS ACTUALLY THE PARTICULARS OF CLAIM THAT DON’T MAKE MUCH SENSE
NB – SEE THE APPEAL JUDGMENT ON ONE ISSUE IN THIS CASE IN Prudence v Gloucestershire Hospitals NHS Foundation Trust [2026] EWHC 96 (KB) Here we are looking at a judgment that is all about statements of case (or at…
EXPERTS IN COURT: “TRESPASSING ON THE JUDICIAL FUNCTION” AND “SEEKING TO ADVOCATE” ON BEHALF OF PARTY: THIS RARELY ENDS WELL…
There is no shortage of posts on this blogs where judges are critical of expert witnesses. Today we look at another such case where the judge found the expert’s approach “concerning” and went on to state that the expert was…
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)…
THE WITNESS STATEMENT “IS IN LARGE PART UNRELIABLE AND ALSO LACKS CREDIBILITY”: THE ENDURING PROBLEM OF “RETROSPECTIVE RECONSTRUCTION”
We have looked many times at the problems caused by witness statements, including when a witness “tries” to remember matters they really cannot, or reconstructs what they feel did happen (or should have happened). This is a feature of all…
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…
THE IMPORTANCE OF CONTEMPORANEOUS ATTENDANCE NOTES EXAMINED IN THE COURT OF APPEAL (BUT A DIFFERENT DIVISION TO THE ONE WE USUALLY LOOK AT)
Today we are taking a rare trip into the criminal courts, the Court of Appeal Criminal Division. However we are looking at an issue that affects most, if not all, lawyers. A client can attempt to blame their lawyer for…
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…
COST BITES 239: HOW MUCH NEEDS TO BE EXPLAINED TO A CLIENT ENTERING INTO A CFA?
We will, for the next few posts in this series, be working our way through one case. We have already looked at the judge’s observations in relation to the claimants’ witness statements. We now consider the issue of how much…
AVOIDING UNDERSETTLEMENT: PROTECTING THE CLIENT AND PROTECTING YOURSELF: WEBINAR 29th MAY 2025
“We go back through your claim in fine detail and if we find that your previous solicitor wasn’t thorough enough and your claim was mishandled, we’ll squeeze out all the compensation that you’re entitled to, getting you more money, and…
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 …
COST BITES 238: WHEN A CLIENT DISPUTES THE SOLICITOR’S COSTS: THE JUDGE’S VIEW ON MEMORY, WITNESSES AND STATEMENTS DRAFTED “WITH THE GUIDING HAND OF THE CLAIMANTS’ SOLICITOR”
Today we are looking at part of a judgment about costs. Ten claimants had been selected (out of 223) to give evidence challenging a solicitor’s deduction of success fees. In fact only four of the claimants attended court to give…
PERSONAL INJURY POINTS 4: THE EMPLOYER WAS IN BREACH OF DUTY WHEN EMPLOYEE WAS INJURED CROSSING THE ROAD
Last week we looked at a case where someone was injured in their workplace, but there was no breach. Today we are looking a case where an employee was injured crossing the road and it was held that the employer…
CLAIM WAS (ARGUABLY) ISSUED IN TIME WHEN IT ARRIVED AT THE COURT: LATE SERVICE OF THE PARTICULARS OF CLAIM DOES NOT DEPRIVE THE COURT OF JURISDICTION
Today we are looking at a case that raises important issues. The judge decided that calling someone gay is not defamatory. However here we are not concerned with the substantive issues but two procedural issues raised in the case. Firstly…
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…
PARTS OF A SOLICITORS’ WITNESS STATEMENT ARE STRUCK OUT: A REMINDER – A WITNESS STATEMENT IS A PLACE FOR FACTS, NOT OPINION, LEGAL ARGUMENTS OR ATTEMPTS TO GIVE EXPERT EVIDENCE: IT IS REALLY THAT SIMPLE
There are countless posts on this blog where judges have criticised the contents of witness statements. Here we are looking at a case where the judge struck out parts of a witness statement signed by a solicitor. Parts of the…
PERSONAL INJURY POINTS 3: A SOLICITOR INJURED AT WORK FAILS TO ESTABLISH LIABILITY: A DOOR IS NOT WORK EQUIPMENT
The question of what is work equipment can be a fairly fundamental one for personal injury lawyers. There can still be something akin to strict liability under the provisions of the Employer’s Liability (Defective Equipment) Act 1969. Here we consider…
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