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…
It is not uncommon for the solicitor to sign a statement of truth on behalf of a company or corporation. This case considers the question of whether the company can be compelled to give details of the individuals who gave…
It is very unusual for issues relating to costs to reach the Supreme Court. There was such a case yesterday. The Court considered whether a paying party was liable to pay costs in sterling or the domestic currency of the…
A new edition of the Senior Court Costs Office Guide was published yesterday. Here we provide the link and have a look at one issue relating to “representation”. (“Hot off the press is a term that is difficult to apply…
Earlier this week we looked at a case where difficulties occurred because the claimant’s case was not put to a witness for the defendant. Here I want to highlight the key parts of that judgment relating to the need…
What order for costs should the court make in a “mixed” claim when part of the claim is struck out but a personal injury claim continues. That was the question considered in the appeal we are looking at here. In…
We are looking at a case that deals with two issues: (i) the practice of seeking an injunction without having first issued proceedings; (ii) the desirability of a party seeking an injunction to put a fully pleaded case before the…
Here we continue with the examination of what is meant by the “conduct litigation” by looking at the Statute and Law Society Guidance as to the meaning of “court”. This extends to some, but not all, tribunals. (Some courts are…
Here we look at a judgment about medical evidence in a personal injury action. The issue was one of causation – whether an earlier injury to the claimant’s leg “caused” a later decision to have that leg amputated. The critique…
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. …
This is not the first time this blog has looked at judicial criticisms of inadequate time estimates. On this occasion it was in relation to unrealistic reading time. This provides an opportunity to revisit the guidance given in relation to…
Here we look at guidance given by the SRA in November 2022. The one thing that the SRA can point to is the fact that this guidance said, in clear terms, precisely what was said in Mazur about who can…
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…
We are looking at a case where, for reasons that are unclear, the claimants failed to challenge a key part of the evidence of the defendant’s witness. That evidence was central to the claimants’ case. The claimants’ attempts to rectify…
Here we are looking at a Court of Appeal decision in relation to the costs capping on an appeal. It was common ground that the Court had the power to order a costs cap if so minded. However the practical…
Regular readers of this blog will know that I regularly take you through guides and hints to advocacy, being particularly keen on those articles and comments given by judges. A lot of that will feature in this webinar which aims…
Many people have noted that the argument that the court should draw adverse inferences from the absence of key witnesses is often bypassed by the courts, with judges preferring to base their decisions on the evidence of witnesses that are…
Here we are looking at a case where there was an issue as to the instructions given, or to be given, to a single joint expert. The judge set out the basis upon which such experts are instructed and the…
I am continuing with the Mazur series by looking at two more useful links from reputable sources. One, from the Bar Standards Board, on what is not the conduct of litigation the other the Law Society Practice Note on these…
Here we are looking at a case where there were manifold issues (“100s of allegations) and where evidence was given over several weeks. However the claimant attempted to raise a new, unpleaded, issue during closing submissions. As we shall see…
There have been several cases recently where the court has considered the issues relating to awarding interim costs after a party has been successful at trial and beaten their own Part 36 offer. We look at another decision on this…
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…
I am attempting to avoid the blog being solely about Mazur. However the fact is that the Mazur issues are the most widely read posts, many of the more mainstream issues having taken a backseat. Whilst there is some commentary…
Much has been written about Mazur, this includes many “column inches” about the implications for inter parties and solicitor and own client costs. However there is some support for the proposition that the fact that an “unauthorised” litigator has not…
It is now normal for a successful party to be awarded interim costs at the conclusion of a trial. Here there is consideration of some of the issues in relation to the making of such orders. In particular the court…
We are continuing with our examination of the costs implications of a costs order. Here we look at the defendant’s arguments that the claimant’s failure to respond promptly to an offer to mediate should lead to costs penalties. (The Sounds…
There is surprisingly little guidance for lawyers on the process by which judges approach the issue of fact finding and witness credibility. However a detailed working knowledge of this is essential for every working litigator. Most cases are won or…
We continue looking at a High Court decision with some interesting issues in relation to the making of Part 36 offers and the consequences for a party if the offer is not beaten. Here we look at the court’s considerations…
Here we are looking at an argument as to whether a Part 36 offer, slightly unusual in form, was a valid Part 36 offer. Later posts will examine many of the other issues relating to costs that were considered in…
There are a number of issues that have come up in relation to the impact of the Mazur decision. One of those relates to the activities of cost lawyers. The case law and principles relating to this were considered in…
The Legal Services Board issued a statement on Mazur yesterday. This follows a meeting of the regulators and and representative bodies on the 9th October. The statement contains few surprises. It agrees that the Mazur decision has not changed the…
This case was covered in a previous post. There is a useful article on the case by the claimant’s counsel. This covers the orders made in relation to further evidence from the surveillance operatives, the warnings given to the medical…
There has been much debate recently about whether assertions of fundamental dishonesty have been made too readily. This case makes it clear that there may be costs consequences for those who run such arguments but who do not succeed. This…
Here we look at the judge’s views as to the approach taken by experts in a clinical negligence case. The judge clearly preferred the approach of one expert to that of another. One expert was “fighting his corner” rather than…
I have gently, perhaps too gently, suggested that a great deal of what is being written and said about the impact of Mazur is “unhelpful”. Put more bluntly some of it is inaccurate and misleading. There is much “wishful thinking”…
There have been several cases dealing with inadequate pleading in clinical negligence cases this year. Here we look at one of them. It is a case we have looked at already but I wanted to emphasise the point. Further this…
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