THE JOINT EXPERT AND THE MEETING OF EXPERTS: WEBINAR 1ST OCTOBER 2025: WITH SOME IMPORTANT RECENT DEVELOPMENTS CONSIDERED
There have been some interesting decisions this year about the significance of the joint meeting of experts and also about the role of the “joint expert”. These decisions will be looked at in this webinar as they highlight the importance…
A REMINDER: WEBINAR ON THE PRACTICAL IMPLICATIONS OF MAZUR (AND HOW TO AVOID SOLICITORS BREAKING THE CRIMINAL LAW WHEN USING NON-QUALIFIED STAFF): 3rd OCTOBER 2025
The fallout, concern and – dare I say it – recriminations in relation to the decision in Mazur v Charles Russell Speechlys continues. There has been a lot of commentary already. This webinar aims to look through the “chatter” by concentrating…
THREE WEBINARS ON EXPERTS: THE JOINT EXPERT AND MEETING OF EXPERTS; PART 35 QUESTIONS AND EXPERTS IN THE COURTS IN 2025
The way in which the “Expert Watch” series has quickly developed shows that issues relating to expert evidence continue to give rise to problems. These three webinars explore many of the major issues in relation to experts. Dealing with the…
WILL AN INSURER PAY FOR THIS? THE THIRD PARTY RIGHTS AGAINST INSURERS ACT 2010, THE ROAD TRAFFIC ACT, THE MIB AND OTHER ROUTES TO OBTAINING PAYMENT: WEBINAR 16th SEPTEMBER 2025
The new series on enforcement on this site shows the major problems a successful litigant can have even after they have obtained a judgment. This webinar looks at the routes by which a claimant can attempt to investigate or ensure…
WHICH TRACK IS BEST? THE RULES, CASES AND GUIDANCE: ALLOCATION – SMALL CLAIMS OR FAST TRACK IN HOUSING DISREPAIR CASES: WEBINAR 10th SEPTEMBER 2025
Over the past month or so we have looked at three cases where the question of allocation of housing disrepair cases has been considered. The issue lies between Fast Track and the Small Claims Track. This webinar looks at the…
MEMBER NEWS: “ON DEMAND” CIVIL LITIGATION BRIEF WEBINARS AVAILABLE TO WATCH AT A TIME AND PLACE TO SUIT YOU: WITH DISCOUNTS FOR CLB MEMBERS
Last week we looked at webinars coming up which may be of interest to CLB readers. CLB members can obtain a discount on these webinars. The same discount applies to webinars which are now available “on demand”. These webinars are…
ATTENDANCE NOTES IN CIVIL LITIGATION 2025: WEBINAR 15th SEPTEMBER 2025
There have been at least three cases over the previous few months where attendance notes taken by solicitors have played a significant part in the outcome of a case, appeal or application. These notes protected a solicitor against complaints of…
LIABILITY FOR ACCIDENTS INVOLVING OUTDOOR ACTIVITIES: WEBINAR 3rd SEPTEMBER 2025
As recent events have shown the consequences of inadequate training, supervision and knowledge of those responsible for running outdoor activities can lead to major injuries and fatalities. The webinar looks at the case law, statutes and general guidance in relation…
DISCOUNTS FOR MEMBERS ON THE CIVIL LITIGATION BRIEF SERIES OF WEBINARS: THE CODE
As promised in the previous post, here is the discount code for the Civil Litigation Brief series of webinars. The webinars include topics such as cost effective delegation, attendance notes, the liability of insurers to pay judgments, the joint expert…
MEMBER NEWS: DISCOUNTS FOR MEMBERS ON THE CIVIL LITIGATION BRIEF SERIES OF WEBINARS
There are a series of webinars coming up which cover many of the key aspects we look at on this site. Members who subscribe to the site can now obtain a discount on each of the webinars, with further discounts…
ALLOCATION TO THE SMALL CLAIMS TRACK OR FAST TRACK IN HOUSING CASES 3: WEBINAR 10th SEPTEMBER 2025
Earlier today we have looked at two appeals in relation to allocation in housing disrepairs. Each appeal was successful for different reasons. My involvement in one of the appeals has led me, along with Steve Cornforth, a webinar on Allocation…
MEMBER NEWS: HONING IN ON THE INTERNAL RESEARCH FACILITY ON THIS SITE: WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION – SOME GUIDANCE
Yesterday I had an enquiry about the internal search function on this site. In particular whether it used Boolean operators. It doesn’t but there is a “work around” discussed below. On a separate issue I also recorded a webinar on…
WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION 2025: WEBINAR 4th AUGUST 2025
This webinar looks at what to do when things go wrong in civil litigation. There is a continual flow of reports that deal with errors made in relation to limitation, service or someone falling foul of the rules or court…
KEY OMISSIONS AND WITNESS EVIDENCE: A FAILURE TO MENTION KEY POINTS IN THE STATEMENT DOES NOT HELP THE WITNESS: A WORKING EXAMPLE
The theme for several of the posts today is how important it is to put information, that could be viewed as adverse to the witness, into a witness statement. If such information is left out, but revealed in cross-examination this…
ALLOCATION TO THE SMALL CLAIMS TRACK OR FAST TRACK IN HOUSING CASES: A JUDGMENT ON THE ISSUE (AND A PLUG FOR A WEBINAR ON THAT VERY POINT…)
We are looking at a judgment about allocation in a housing disrepair case. The story is a common one. The claimant wants the matter allocated to the Fast Track – so costs can be recovered. The defendant wants the matter…
WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION 2025: WEBINAR 4th AUGUST 2025
One of the most aggravating things to read about in the legal press are those cases where people get into serious disciplinary trouble after having made a procedural or other mistake. It is not the mistake that has caused their…
AN INTRODUCTION TO LAW AND PRACTICE IN THE CORONER’S COURT: WEBINAR 17th JULY 2025
Representing people at a Coroner’s hearing gives rise to major challenges and responsibilities. Ensuring that the concerns of the participants are fully considered whilst recognising the limited role that the coroner has. This webinar is an introduction to the role…
DAMAGES IN ANTICIPATION OF DEATH AND DAMAGES FOR LOSSES PRIOR TO DEATH: WEBINAR 15th JULY 2025
This webinar deals with some of the most sensitive and difficult issues that a litigator may have to deal with. It looks a law and practice relating to losses incurred prior to death. Booking details are available here. ISSUES COVERED…
CHILDREN AND FATAL ACCIDENT LITIGATION 2025: WEBINAR 8th JULY 2025
There are particulars challenges and difficulties facing a practitioner in cases where children are the only or primary dependants in a fatal claim. This webinar addressed the key issues, in relation to the law, practice and procedure and helping with…
STATEMENTS OF CASE, DRAFTING DANGERS AND PITFALLS IN 2025: WEBINAR 4th JULY 2025
The “Current Importance of Pleadings” series has developed far quicker than I had anticipated. There have been manifold cases where problems have occurred because of issues to do with statements of case. This webinar takes a close look at the…
THE KEY CASES IN FATAL ACCIDENT DAMAGES 2025: WEBINAR 3rd JULY 2025
In a recent case the court observed the importance of working from the established cases when considering how fatal accident damages should be assesessed. When allowing an appeal from an “unconventional” means of assessment by the trial judge it was…
CONTRIBUTORY NEGLIGENCE CONSIDERED: CASES IN THE COURTS IN THE PAST 12 MONTHS: WEBINAR 1ST JULY 2025
It is commonplace for defendants to make allegations of contributory negligence against an injured claimant. Litigators working in this field need to know the basic law and principles relating to contributory negligence and also how these are being applied in…
FATAL CLAIMS: ENSURING EVERYTHING GOES RIGHT: WEBINAR 27th JUNE 2025
We have had an example earlier this month of things going badly wrong in a fatal claim, that led to a wasted costs order against the solicitors. This webinar looks at the potential problem areas of fatal accident litigation and…
PREPARING A SCHEDULE AND PROVIDING EVIDENCE IN A FATAL CLAIM 2025: WEBINAR 18th JUNE 2025
It is a difficult task to summarise the value of a life in one document. This is what happens when a schedule is drafted in a fatal claim. It is a task that has to be done carefully and with…
UNDERSTANDING THE LAW AS TO FATAL ACCIDENTS 2025: WEBINAR 11th JUNE 2025
Part of a series on fatal accident litigation this webinar takes you through the essential elements you have to consider before you can advise whether a claim for fatal accident damages can be brought. Booking details available here WHAT THE…
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…
FATAL ACCIDENT LAW AND PRACTICE: SEVEN WEBINARS TO HELP YOU UNDERSTAND LAW, PROCEDURE AND PRACTICE
Fatal accidents claims are often some of the most challenging areas for the litigator. Claims have to be investigated (and defended) with great care and sensitivity. To add to the difficulties the law relating to damages is almost wholly based…
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…
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…
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…
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…
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…
AVOIDING PROBLEMS WITH CLAIMS FOR LOSS OF EARNINGS: A WEBINAR (& CHECKLIST): 14th MAY 2025
There are many ways in which a court can approach a claim for loss of earnings. There are as many ways in which a claim for loss of earnings can go wrong. In recent weeks I have written about cases…
DEDUCTIONS OF INSURANCE PAYMENTS FROM PERSONAL INJURY DAMAGES: TWO RECENT CASES CONSIDERED: A POINT FOR BOTH CLAIMANTS AND DEFENDANTS TO WATCH
The principle that insurance payments are sometimes deducted from a claim for personal injury damages is overlooked. Here we are looking at two recent cases where this principle was considered and applied. In one case, at least, the principle does not…
CHIEF CORONER’S GUIDANCE FOR CORONERS ON THE BENCH: A USEFUL SOURCE OF INFORMATION FOR ALL THOSE INVOLVED IN INQUESTS
Today has been a day for sending out useful links. Here we have a useful link for all those who are involved in inquests. A link to the Chief Coroner’s Guidance for Coroners on the Bench which was revised earlier…
THE RICS PRACTICE ALERT ON ACTING AS AN EXPERT WITNESS IN HOUSING DISREPAIR AND OTHER HIGH VOLUME CASES: OF INTEREST TO ALL EXPERTS (AND THOSE WHO INSTRUCT THEM)
The RICS has produced a Practice Alert aimed specifically at those acting as expert witnesses in housing disrepair and other high volume cases. It some ways the Alert is surprising in that it says nothing new, that is most of…
DEALING WITH THE COUNTER-SCHEDULE AND THE DEFENDANT’S ARGUMENTS IN RELATION TO DAMAGES: WEBINAR 7th MAY 2025
Much of the task of the claimant lawyer concentrates on the task of building up the claim for damages to ensure proper compensation. However it is essential that the lawyer if fully aware of the arguments, case law and principles…
LIABILITY FOR ACCIDENTS INVOLVING OUTDOOR PURSUITS: WEBINAR 3rd SEPTEMBER 2025
As recent events have shown the consequences of proper training, supervision and knowledge of those responsible for running outdoor activities lead to major injuries and fatalities. This webinar considers the key issues and cases on the topic. Booking details are…
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…
RECENT CASES ON LOSS OF EARNINGS: WHAT CAN WE LEARN FROM THEM? WEBINAR 23rd APRIL 2025
Practitioners can learn a lot from looking at judgments on claims for loss of earnings. These provide a practical grounding of how the courts approach such claims and, in particular, how judges consider the evidence (or absence of evidence) in…
EXPERT EVIDENCE FOR HOUSING LAWYERS: WEBINAR 14th MAY 2025
I am giving a webinar for the Steve Cornforth Consultance on the 14th May 2025. It is aimed at housing lawyers and aims to have a comprehensive look at the rules, guidance and cases on the use of experts in…
SPORTING INJURIES IN THE COURTS: WEBINAR 17TH APRIL 2025: SOME INTERESTING TOPICS TO TACKLE…
Injuries to those involved in sports are not unusual. The issues relating to whether injuries are the result of negligence are complex ones. This webinar looks at the law relating to sporting injuries and, importantly, at the practical issues that…
DAMAGES FOR PAIN, SUFFERING AND LOSS OF AMENITY: RECENT CASES AND LESSONS TO LEARN FROM THEM: WEBINAR 8th APRIL 2025
Awards for pain and suffering are made in every personal injury case. However the law and principles relating to these awards are rarely considered by practitioners. This webinar takes a close look at recent awards to enable practitioners to know,…
PROVING DAMAGES – THE CLAIMANT LAWYER’S BASIC TASK: WEBINAR 19th MARCH 2025
The “Proving Things” series on this blog is now up to number 256. The vast majority of this series is, in fact, about not proving things. That is where litigants fail to bring sufficient (sometimes any) evidence to court to prove…
SERIES OF 10 WEBINARS ON PERSONAL INJURY DAMAGES: AND YOU CAN BUY A “SEASON TICKET”
The APIL Damages Series is 10 webinars looking at key elements of law and practice relating to personal injury damages. The webinars can be bought and watched individually. APIL has a special offer for all 10, details available here. …
SOCIAL MEDIA AND THE PERSONAL INJURY LAWYER 2025: WEBINAR 12th MARCH 2025
Few lawyers can afford to ignore the effect of social media, both in relation to their cases and their practice generally. In some cases social media entries can affect the outcome of trials. There are specific duties placed upon lawyers…
PROVING THINGS 256: CLAIMANT FAILS TO ESTABLISH LIABILITY AFTER FALLING FROM A HORSE: THE ANIMALS ACT CONSIDERED
This blog has looked at the judgment in Boyd v Hughes [2025] EWHC 435 (KB) several times in relation to procedural issues and assertions of dishonesty. However the case, ultimately, was about a claimant who was injured when she fell…
AVOIDING PROBLEMS WITH EXPERT WITNESSES: WEBINAR 6th MARCH 2025: DEALS WITH SOME “INTERESTING” ISSUES: EXPERTS BEHAVING BADLY
This webinar deals, among other things, with three cases where solicitors have been struck off the Roll because of their conduct with expert witnesses. In one of those cases the solicitor also went to prison. The Court of Appeal held…
THE PROPOSED CHANGES TO THE LAW OF LIMITATION AND CHILD SEXUAL ABUSE: DOES THIS GIVE RISE TO A PRACTICAL PROBLEM FOR PRACTITIONERS AND VICTIMS?
In a webinar on limitation tomorrow I am considering, among many other issues, the government’s proposals on changes to limitation in child sexual abuse cases. In particular whether there is a practical dilemma for practitioners with actions that are pending. …
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…
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