THE CURRENT IMPORTANCE OF PLEADINGS 4: A FAILURE BY A CLAIMANT TO ADEQUATELY PARTICULARISE ITS CASE
When you start looking for cases about pleadings it is surprising how issues in relation to statements of case keep popping up. We see it in the judgment of Jeremy Hyam KC in Kau Media Group Limited v Thomas Hart [2025] EWHC…
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…
“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…
COURT OF APPEAL FIND THAT JUDGE SHOULD NOT HAVE GRANTED RELIEF FROM SANCTION FOLLOWING LATE SERVICE OF THE PARTICULARS OF CLAIM
In the judgment today in Bangs v FM Conway Ltd [2024] EWCA Civ 1461 the Court of Appeal overturned a decision where the claimant had been given relief from sanctions against one defendant following late service of the Particulars of…
DRAFTING PLEADINGS: THERE ARE RULES YOU KNOW – THE KINGS BENCH GUIDE CONSIDERED: “PLAIN AND OBVIOUS” DEFICIENCIES WILL LEAD TO PROBLEMS
In Sammut & Ors v Next Steps Mental Healthcare Ltd & Anor [2024] EWHC 2265 (KB) HHJ Bird (sitting as Judge of the High Court) made some important observations on the way in which the Particulars of Claim were drafted….
A SHORT PLEADING POINT: PLEADING FRAUD – A BLAST FROM THE PAST
I can’t think of any other case where this blog has featured a case that was decided prior to the introduction of the Civil Procedure Rules. However the judgment in Rigby v Decorating Den Systems Ltd [1999] EWCA Civ 986…
STATEMENTS OF CASE AND AMENDMENTS: A ROLLERCOASTER OF A CASE: ISSUE OF AMENDMENT REMITTED TO COUNTY COURT
It is too easy, in fact far too easy, to describe the case of Idziak v Merlin Entertainments PLC [2024] EWHC 1351 (KB) as a “rollercoaster”. It involves the claimant being injured on a fairground ride. The claimant succeeded at…
WEBINAR ON STATEMENTS OF CASE, DRAFTING, DANGERS AND PITFALLS: 14th JUNE 2024
This blog has looked at many cases where the courts have been critical of the way in which statements of case have been drafted. On the 14th June there is a webinar on the importance of accurate drafting, coupled with…
TOO MANY PARTIES CAN INCUR THE COURT’S WRATH: THE DIFFICULTIES IN PLEADING A CASE WHERE THERE ARE MULTIPLE CLAIMANTS
In Niprose Investments Ltd & Ors v Vincents Solicitors Ltd (Professional negligence) [2024] EWHC 801 (Ch) HHJ Hodge KC (sitting as a High Court Judge) considered some of the issues where 35 claimants attempted to plead their claim on one…
LATE SERVICE OF THE PARTICULARS OF CLAIM AND RELIEF FROM SANCTIONS: CLAIMANT ALLOWED TO PURSUE CLAIM AGAINST ONE DEFENDANT BUT NOT THE OTHER: WHAT A DIFFERENCE AN ADMISSION MAKES
In Bangs v FM Conway Ltd & Anor [2024] EWHC 494 (Comm) Mr Justice Jacobs considered the claimant’s application for relief from sanctions when the particulars of claim had been served late. He allowed the claimant’s application against one defendant…
CLAIMANT’S APPEAL ALLOWED BECAUSE THE JUDGE FOUND FOR THE DEFENDANT ON A BASIS THAT WAS NOT PLEADED
I am grateful to barrister Tom Morris for giving me details of the judgment of Mr Justice Fancourt in Jacobs v Chalcot Crescent (Management) Company Ltd [2024] EWHC 259 (Ch). It is an important case about statements of case. The…
A CLAIMANT, ALLEGING FRAUD, IS NOT ENTITLED TO DELIBERATELY BREACH A COURT ORDER AND THE RULES OF COURT: HIGH COURT JUDGMENT GIVES LITIGATORS MUCH TO THINK ABOUT
Those who draft pleadings, particularly those alleging fraud and misconduct, have much to learn from the judgment of Mr Justice Johnson in AXA Insurance UK PLC v Kryeziu & Ors [2023] EWHC 3233 (KB). The fact that a party is…
“PLEADINGS ARE INTENDED TO IDENTIFY THE ISSUES, NOT OBSCURE THEM”: COMMENTS ON STATEMENTS OF CASE: THEY SHOULD PROVIDE LIGHT NOT DARKNESS
There have been a number of cases recently where judges have commented on the state of the pleadings. We see observations being made by Mr Justice Ritchie in the decision today in DMH Electrical (UK) Ltd v MK City Group…
THE JUDGE WAS RIGHT TO REFUSE TO ALLOW A “NEW POINT” TO BE TAKEN ON APPEAL: DON’T FORGET PLEADINGS ARE STILL IMPORTANT…
In Azhar v All Money Matters t/a TFC Home Loans [2023] EWCA Civ 1341 the Court of Appeal rejected a defendant’s argument that it should have been permitted to raise a “new” point on appeal. The matter upon which the…
PROVING THINGS 235: COURT OF APPEAL OVERTURNS JUDGMENT IN FAVOUR OF DEFENDANT: THE JUDGE’S FINDINGS WERE NOT OPEN TO HIM: THE FACTUAL FINDINGS WERE WRONG
The Court of Appeal judgment today in Clements-Siddall v Dunbobbin Hotels Ltd [2023] EWCA Civ 1300 is a rare example of the Court of Appeal overturning a judge’s findings on the facts. It is also an example of the importance…
THE PARTICULARS OF CLAIM WERE TOO LONG, TOO CONFUSING AND DID NOT COMPLY WITH THE RULES.
In Halsion Limited v St Thomas Street Development Limited [2023] EWHC 2045 (TCC) HHJ Cawson KC, sitting as a High Court Judge, struck out the claimant’s Particulars of Claim. The Particulars were too long and rambling and failed to comply…
AN INTERESTING ISSUE: CLAIMANT WHO FAILS TO PLEAD CONTRACTUAL INTEREST – DOESN’T GET INTEREST AT ALL
The judgment of Mr Justice Foxton in Rolls-Royce Holdings Plc v Goodrich Corporation [2023] EWHC 2002 (Comm) illustrates an important issue in relation to interest. If a successful party has a contractual right to interest, but has not pleaded that…
ANOTHER CLAIM FORM CASE – BUT WITH A DIFFERENCE: ACTION STRUCK OUT BECAUSE CLAIM FORM CONTAINED NO FACTS AT ALL
In Free Leisure Ltd (t/a “Cirque Le Soir”) v Peidl And Company Ltd & Anor [2023] EWHC 792 (Comm) Charles Hollander KC, sitting as a High Court judge considered the appropriate course when the “facts” section of the claim form…
THE ABSENCE OF A REPLY TO A DEFENCE DOES NOT MEAN THAT IT COULD BE ASSUMED THAT THE ACCOUNT IN THE DEFENCE WAS ACCEPTED
There is a breach statement in the judgment of Lady Justice Andrews in Zanatta v Metroline Travel Ltd [2023] EWCA Civ 224 that highlights a crucial point in relation to the drafting of a Reply. Whereas a Reply and Defence…
SHOULD AN ISSUE IN THE REPLY BE IN THE PARTICULARS OF CLAIM? A WORKING EXAMPLE
In Griffiths & Anor v Gilbert [2022] EWHC 3122 (TCC) HHJ Sarah Watson considered a pleading issue. Should a point made in a Reply have been pleaded in the Particulars of Claim. She held that, on the facts of that…
APPLICATIONS TO AMEND PLEADINGS SHOULD NORMALLY BE SUPPORTED BY A DRAFT AND WITNESS EVIDENCE AS TO THE MERITS: A RIGHT ROYAL ISSUE
In Sayn-Wittgenstein-Sayn v HM Juan Carlos Alfonso Victor Maria de Borbon y Borbon (Rev1) [2022] EWCA Civ 1595 the Court of Appeal set out the importance of having a draft pleading to hand when seeking permission to amend a statement…
THE COURT OF APPEAL, STRIKING OUT AND PLEADING THE CASE PROPERLY: PARTICULARS OF CLAIM SHOULD HELP NOT HINDER
There has already been much publicity surrounding the Court of Appeal decision in HXA v Surrey County Council [2022] EWCA Civ 1196. The Court of Appeal overturned decisions where actions were struck out, holding that the issues in question should…
THERE IS NO OBLIGATION ON A CLAIMANT TO FILE A REPLY: THE BURDEN OF PROOF REMAINS WITH THE DEFENDANT
In Pistachios In the Park Ltd & Anor v Sharn Panesar Ltd [2022] EWHC 2088 (QB) Mr Justice Freedman pointed out that the appellant’s argument in relation to pleading and burden of proof ran contrary to the rules. There is…
YOU CAN’T RAISE A NEW CLAIM IN A RESPONSE TO A PART 18 REQUEST: THE PLEADED CASE REMAINS IMPORTANT
In Costa v DissociaDID Ltd & Anor [2022] EWHC 1934 (IPEC) HHJ Hacon rejected the defendants’ attempt to argue points that were not pleaded. The only time an issue had been raised was in response to Part 18 requests. This…
VERY LATE APPLICATIONS FOR PERMISSION TO WITHDRAW ADMISSIONS REFUSED: ADMISSIONS MADE IN REPLY REMAINED BINDING
I am grateful to John De Waal QC for pointing out the procedural aspects of the judgment of Mr Justice Edwin Johnson in Valley View Health Centre (a firm) & Ors v NHS Property Services Ltd [2022] EWHC 1393 (Ch)….
HIGH COURT ISSUES A WARNING TO THOSE PLEADING CLAIM FOR EXEMPLARY DAMAGES: THERE MUST BE A PROPER BASIS FOR SUCH A PLEA
In Underwood & Anor v Bounty UK Ltd & Anor [2022] EWHC 888 (QB) Mr Justice Nicklin sent out a warning about the pleading a claim for exemplary damages. Such claims should only be made where there is a proper…
COURT OF APPEAL UPHOLDS REFUSAL TO ALLOW DEFENDANTS TO WITHDRAW FROM ADMISSIONS: “THE STATEMENT OF TRUTH IS NO EMPTY FORMALITY”
In Clarkson v Future Resources FZE & Ors [2022] EWCA Civ 230 the Court of Appeal upheld a judge’s decision not to allow the defendants permission to withdraw an admission. It is an important reminder of the quality of the…
PLEADINGS, APPEALS AND THE DROP OF A HAMMER: A HIGH COURT DECISION
In SPS Groundworks & Building Ltd v Mahil [2022] EWHC 371 (QB) Mr Justice Cotter reiterated the point that statements of case are important. Any issue as to the scope of the pleadings should be determined at the outset of…
PLEADING A DEFENCE: THE DIFFICULT STATUS OF A “NON-ADMISSION”: (SOMETHING ABOUT RE-USING WITNESS STATEMENTS TOO)
In Cardiff City Football Club (Holdings) Ltd, Re [2022] EWHC 322 (Ch) Mr Justice Adam Johnson found himself deciding matters relating to the pleading of the action, the scope of the trial and the admissibility of witness evidence on the…
STATEMENTS OF CASE, DRAFTING, DANGERS AND PITFALLS 2022: FORTHCOMING WEBINAR
Recently we have looked at several cases where the importance of proper pleading was emphasises. For instance in Charles Russell Speechlys LLP v Beneficial House (Birmingham) Regeneration LLP [2021] EWHC 3458 (QB) the appeal was allowed, and the matter remitted…
APPLICATIONS TO AMEND: TOWER BLOCKS, FIRE SAFETY AND “FACTS” PLEADED IN THE DEFENCE: COURT OF APPEAL DECISION
In Mulalley & Co. Ltd v Martlet Homes Ltd [2022] EWCA Civ 32 the Court of Appeal upheld a decision that a claimant, seeking to amend its Particulars of Claim by referring to matters pleaded in the defence, was pleading…
YOU CAN’T RAISE A TOTALLY NEW POINT ON APPEAL: COURT OF APPEAL DOES NOT ALLOW A MAJOR CHANGE OF CASE
In London Borough of Brent v Johnson [2022] EWCA Civ 28 the Court of Appeal set out the difficulties for a party that wishes to take a fundamentally new or different point on appeal. This gives rise to major difficulties…
“A SOLICITOR, NO MATTER HOW EXPERIENCED OR INEXPERIENCED, MUST BE TAKEN TO KNOW THE CIVIL PROCEDURE RULES”
That quotation, taken from the judgment of HHJ Bird in Holterman v Electrium (2020) EWHC 3915 ( TCC) was chosen by Professor Dominic Regan as his “thought of the year” in a recent tweet. Since there are 3208 pages in…
WHEN A CLAIMANT TRIES TO USE A REPLY TO INTRODUCE A NEW CAUSE OF ACTION: PERMISSION TO AMEND REPLY REFUSED
In Powis Street Estates (No 3) Ltd v Wallace LLP & Anor [2021] EWHC 3269 (Ch) Deputy Master McQuail considered that parts of a Reply was an attempt to introduce a new cause of action. The claimant was not given…
NEVER MIND THE… AMENDMENTS…. HERE’S THE SEX PISTOLS: JOHNNY ROTTEN WAS TOO FAR BEHIND THE BEAT…
In Jones & Anor v Lydon & Ors [2021] EWHC 2322 (Ch) Sir Anthony Mann refused an application for late amendment of the pleadings. A Note explaining the nature of the case cannot be used as a substitute for a…
STATEMENTS OF CASE: A REPLY CANNOT BE INCONSISTENT WITH THE PARTICULARS OF CLAIM
In R5 Capital Ltd v Mitheridge Capital Management LLP [2021] EWHC 2316 (Ch) Deputy Master Raeburn highlighted the fact that the rules do not allow a Reply to be, or to appear to be, contradictory to the case set out…
PLEADING A CASE WHERE “DISCREDITABLE CONDUCT” IS ALLEGED: THE DEFENDANT MUST KNOW THE CASE THEY HAVE TO MEET
The judgment of Mr Justice Bryan in Lakatamia Shipping Co Ltd v Su & Ors [2021] EWHC 1907 (Comm) could be used as a textbook for several important issues of civil procedure and civil evidence. Here we look at that…
A LOT ABOUT LITIGATION CONDUCT HERE: SIGNATURE OF THE STATEMENT OF TRUTH: POOR BUNDLES: POOR WITNESS STATEMENTS AND THE TOTAL LACK OF WISDOM IN SENDING MATERIAL DIRECTLY TO THE JUDGE IN THE MIDDLE OF A TRIAL…
The judgment of Mr Justice Fraser in Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd [2021] EWHC 1116 (TCC) demonstrate some “unusual” conduct in litigation. Not least the claimant’s solicitors wrote to the judge, in the middle of…
EXCEPTIONS TO THE WITHOUT PREJUDICE RULE: COURT OF APPEAL ALLOWS MATTERS SET OUT IN MEDIATION TO BE PLEADED IN A DEFENCE
In Berkeley Square Holdings Ltd & Ors v Lancer Property Asset Management Ltd & Ors [2021] EWCA Civ 551 the Court of Appeal upheld an order directing that statements made in without prejudice in mediation were disclosable and could be…
DEFENDANT NOT PERMITTED TO PLEAD FUNDAMENTAL DISHONESTY ON A SPECULATIVE OR CONTINGENT BASIS
In Mustard v Flower & Ors [2021] EWHC 846 (QB) Master Davison refused a defendant’s application to amend its defence to plead fundamental dishonesty on a “contingent” basis. The judgment deals with important issues as to how a defendant must…
GENERAL RESPONSE IN A REPLY DOES NOT AMOUNT TO AN ADMISSION: HIGH COURT DECISION
In Berkeley Square Holdings Ltd & Ors v Lancer Property Assets Management Ltd & Ors (Claimant amendment application) (Rev 1) [2021] EWHC 750 (Ch) Mr Robin Vos (sitting as a judge of the Chancery Division) rejected an argument that a…
WHEN A SOLICITOR SIGNS A STATEMENT OF TRUTH ON BEHALF OF A CLIENT: GET THE WORDING RIGHT (AND REMEMBER WHAT IT IS YOU ARE CERTIFYING)
A regular search term that leads people to this blog is “can a solicitor sign a statement of truth on behalf of a client?” The answer is yes, for some documents at least. The lawyer has to remember (i) what…
APPEAL ALLOWED WHERE THE TRIAL JUDGE DEPARTED FROM THE PLEADED CASE: “A MISUNDERSTANDING OF THE JUDGE’S FUNCTION)
The judgment of the Court of Appeal today in Satyam Enterprises Ltd v Burton & Anor [2021] EWCA Civ 287 provides another example of the importance of statements of case. The Court allowed an appeal where the trial judge had…
WHEN YOUR PLEADED CASE IS DIFFERENT TO YOUR EVIDENCE: YOU ARE TAKING A HUGE GAMBLE (WHICH DIDN’T PAY OFF…)
The judgment of Gavin Mansfield QC (sitting as a High Court judge) in Puharic v Silverbond Enterprises Ltd [2021] EWHC 351 (QB) highlights the difficulties that can occur if the pleaded case differs from the evidence. Put bluntly running a…
REPLIES TO DEFENCES: WHY AND WHEN…
A post yesterday made me think that this is an opportune time to re-visit the function of the Reply in litigation. I am here concerned only with a Reply to a Defence which is, essentially voluntary, not a Defence to…
YOU CANNOT USE A REPLY TO PLEAD MATTERS THAT SHOULD HAVE BEEN IN THE PARTICULARS OF CLAIM
About ten minutes ago I sent off the material for a webinar I am giving tomorrow on drafting statements of case. Inevitably, therefore, a new and relevant case arrived on BAILLI* [the material was subsequently amended to include this] . …
STATEMENTS OF CASE, DRAFTING, DANGERS AND PITFALLS: WEBINAR 17th FEBRUARY 2021
I am giving a webinar on the 17th February 2021 on avoiding problems with Statements of Case. This is part series of webinars on the theme of “staying safe” in the running of personal injury cases. The webinars look at…
SUING A CLAIMANT WHO HAS ACCEPTED A PART 36 OFFER: THE PROFOUND PROBLEMS WHEN PLEADING FRAUD: YOU CAN’T “WAIT AND SEE”
There is an interesting history in the judgment of Mr Justice Saini in in Kasem v University College London Hospitals NHS Foundation Trust [2021] EWHC 136 (QB). It is a case that is an object lesson in the stringent requirements…
PROVING THINGS 194: PROVING CAUSATION IS AN ESSENTIAL ELEMENT OF A CLAIM IN NEGLIGENCE
The judgment of Mrs Justice Foster in Norfolk County Council v Durrant [2020] EWHC 3590 (QB) illustrates how it is essential for a claimant to prove causation in a case based on negligence. It also highlights the need to consider,…
CLAIMANT’S CASE STRUCK OUT BECAUSE IT SAID TWO CONTRADICTORY THINGS: “JANUS-FACED” PLEADINGS NOT ALLOWED
The judgment of Mr Justice Marcus Smith in Betesh Partnership -v- Evans [2020] EWHC 1589 (QB) contains interesting observations on the need for a claimant to plead a case that is not inconsistent. I am working and citing from the…
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