We are looking again at the phenomenon of “false” authorities. However in this case the courts were more forgiving of the litigant who had relied on a non-existent case. The judgment does, however, show the need for care in legal…
Here we look at a case where the Court of Appeal overturned the trial judge’s findings of fact at trial. Usually this is difficult, or the court acts with some reticence, here the Court uses the phrase “it beggars belief”…
We continue with our rare trip inside the Houses of Parliament by looking at the response that the Minister for Courts and Legal Services to the letter from the Chair of the Justice Committee. (We are seeing how Mazur…
It is that time of year when we can look back and reflect on events of the previous 12 months. Here we are looking at what lessons can be learnt from cases on default and sanctions since November 2024. As…
It is rare for there to be Parliamentary consideration of the matters discussed in this blog. Quite often we are trying to divine what it is that Parliament actually meant when it drafted a statute. In the Mazur case Parliament…
We are looking at a case where the appellant was successful in overturning an award for costs made against him in relation to one set of proceedings. The judgment highlights the important distinction between “joinder” and “consolidation”. That distinction can…
Over the past month or so there have been at least half a dozen cases where the judge references Gestmin – the consideration and guidance given to judicial fact finding, particularly in relation to witness evidence. These range from actions…
The Legal Services Board has set out the scope of its review of “advice and guidance provided to the profession on the conduct of litigation by approved regulators and regulatory bodies”. Stripped down to its basics the question being asked…
Here we have a case where the claimants’ case was based (in part) on conduct by one of the defendants that was not pleaded. The defendant appealed on that basis. On appeal the judge was not persuaded by the respondents’…
Here we look at a case where the defendants failed to comply with a peremptory order for disclosure. The defences stood struck out. The issue the judge had to determine was whether relief from sanctions should be granted. This in…
The judgment here considers what is meant by “negligent” when wasted costs are sought against a legal representative. The review of the authorities makes it clear that it has a specific meaning. (There is a Lord Denning judgment where he…
There are particular rules that relate to costs in probate proceedings. Here we look at a decision on costs that is of more general interest. The judge considered the issue of whether the unsuccessful defendant should pay the costs, the…
The Legal Services Board has today approved an application from CILEx Regulation to allow legal executives to obtain standalone litigation practice rights. Here we have the announcement and the Decision Notice. The finer detail will be considered when it becomes…
We have already looked at this case at first instance, see Service Points 9, the initial decision was considered by the Court of Appeal in the case we look at here. The Court here was concerned with whether the courts…
Here we are looking at another useful link. FOIL (the Federation of Insurance Lawyers) has produced a document dealing with the potential consequences of Mazur for its members. (FOIL has always been such a clever name. This link shows that…
Here we are looking at a case where an action for negligence against a firm of solicitors failed. The trial judge found that the solicitors had good grounds to terminate their retainer. However the solicitors’ counterclaim for fees failed. There…
Here we are looking at a case involving a bill of costs that was wholly defective that the costs judge was invited to strike it out. The judge came very close, but reduced the bill by 75% instead. There…
Way back in the mists of antiquity (2017) I invited lawyers on Twitter (Now “X”) to share their views on what scares the legal profession most. The first post came from Megan Boyd (based in Atlanta, Georgia). This shows that…
We are looking here at at case where an action was struck out because of a failure to obtain permission of the court to issue proceedings. The judge rejected the claimant’s contention that the statute in question should be read…
Here we have the County Court considering an unusual issue of jurisdiction. Does it have jurisdiction to decide an action brought at common law on a foreign judgment? If it does not should the action be struck out or simply…
Here we look at a judge’s comments outside the ambit of litigation. Nevertheless it shows that the issue of professional regulation and the use of “non-authorised” employees within solicitor’s firms may well become a more important issue in the future….
The commentary on Mazur continues. Here I want to look at two useful links. The first relates to guidance given by an insurer. The second relates to the first report (I have seen) on Mazur having an impact on costs….
This is not the first time we have looked at a case where an expert in a clinical negligence has revealed in cross-examination that they do no really understand the “Bolam” test for negligence. We look at such a case…
This is a case about mistakes in litigation and the rules relating to allowing the withdrawal of a pre-action admission. The judgment was given 10 years ago, but arrived on BAILII today. The issues raised here remain highly relevant. In…
The reason why we litigators are infinitely wise is that we always deal with things in retrospect. We have the perfect vision of hindsight. Litigation is full of “why did you do that?”, “If you say that now why didn’t…
It is rare for a schedule of damages to come under close scrutiny prior to the trial itself. Here the Court of Appeal upheld a decision to strike out large parts of the appellants’ claim for damages. Many of the…
Here we are looking at a case where the issue of proceedings was left until the last day. There is nothing unusual in that on this blog. We are, however, looking at a criminal case, albeit a decision of the…
This week we are looking at a judgment that sets out in detail the process by which judges determine issues in a civil case. Ranging from the burden and standard of proof , the role of judges, the fallibility of…
The previous post recorded how it is still possible to be surprised by what goes on in litigation. We see that again here, but to a greater extent. After a trial and a judgment was given an expert wrote to…
No matter how long, and how much, you write about civil procedure cases can still come along which surprise – if not astonish. We have such a case here. The judge found that, essentially, it was the client who played…
We are looking at a case where the Court of Appeal considered a wasted costs order in critical terms. Although we are considering a decision in the criminal courts the principles relating to wasted costs are of general application. Firstly…
There are two pieces of news. Firstly the site is having a short “rest” on the 29th October, this is only for an hour – but it will be back newly invigorated. Secondly a reminder of some of the webinars…
This may be the first time we have looked at the issue of costs and badgers. We are looking at a case where the defendant sought to change the amounts of the “Aarhus cap” on the recoverability of costs in…
The circumstances in which a judge at first instance can grant permission to appeal from their own decision are circumscribed by the rules. Permission can only be given at the hearing itself, or any adjournment thereof. The same applies to…
Needless to say there have been plenty of cases this year relating to service (or mis-service) of the claim form. This webinar looks at cases over the past 12 months with the primary aim of ensuring that you are not…
There are often major differences of view as to the effect of non-compliance with the rules. We have such differences here. The claimants, in default, regarded the respondents’ procedural objections as “nit-picking”. The judge, however, held that the default was…
If a skeleton argument is served late then relief from sanctions is required. The case we are looking at here makes it clear that it is prudent to make a formal application rather than assume relief will be granted “on…
We are looking again at the case in which the claimant applied for permission to withdraw their Part 36 offer. The claimant had capacity, however at the hearing it was argued that he came within the definition of “vulnerable” litigant…
There are many heated responses to the Mazur decision. There are articles suggesting that the judge got the law wrong. (Apparently the judge should not have listened to the submissions of both the Law Society and SRA which supported his…
Sometimes a respondent’s notice is really a cross-appeal attempting to disguise itself. We are looking at such a case here. The “respondent’s notice” was served late, and permission was given to serve it. However on closer examination at the appeal…
We continue with the consideration of the recent case in which a claimant applied for permission to withdraw a Part 36 offer. The judge also considered the relevant rules and case law in detail. (You need the court’s permission to…
There are few cases which involve a claimant seeking to withdraw their own Part 36 offer we have a decision today here. The claimant made an offer and attempted to withdraw is shortly afterwards. The defendant accepted the offer within…
The commentary on the implications of the Mazur case continues apace. In particular there has been much discussion about whether it affects liability to pay costs. LinkedIn contains reports that “Mazur” issues are already being raised in Points of Dispute. …
This webinar looks at how the courts are dealing with occupiers liability cases and the duty of care. It takes a practical look at they way in which cases are decided and the factors which determine whether liability is established…
The Court of Appeal has been busy recently with issues relating to service of the claim form. On the whole claimants (or rather their representatives) have not fared well. Here we look at the claimant’s argument that leaving a claim…
Here we look at a Court of Appeal decision that overturned a claim form decision that favoured the claimant. It highlights (if highlighting were ever needed) the dangers relating to service of the claim form). The one argument that can…
This series started in July 2022. I wanted to make sure that we got to look at the “smaller” issues in relation to costs as well as major decisions. Those “incidental” issues, summary assessments, judicial commentary and the like can…
It is not unusual for a receiving party to make an offer on costs before detailed assessment proceedings begin, indeed this is a normal practice. Here the court considered the question of whether serving a draft bill in negotiations that…
We are looking here at an issue relating to a defendant’s liability to pay the costs of other defendants against whom no order for costs was made. Was the “paying” defendant also liable to pay the costs that the claimant…
We are looking at an application to rely on a witness statement that was served “late”. The statement had, in fact, been served on the claimants ahead of the deadline but not served as a witness statement for trial. When…
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