In the Civil Justice system we do not have a figure such as the Secret Barrister who can publicise the major problems that exist in the county court. The House of Commons Justice Committee have gone a long way to…
There is an apparently never ending series of cases in which witness statements are used in circumstances where, in reality, the maker of that statement has no first hand knowledge of the matters stated. This often only becomes apparent at…
If there is any application that should make a claimant’s lawyer extremely uncomfortable it is making a without notice application to extend time for service of the claim form. If you add to this an application (made late) for permission…
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…
We are revisiting a case we looked at previously in relation to costs orders being made against a Litigant in Person. One specific aspect of that judgment considered the costs of an application for contempt of court that the claimant…
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…
If there are two unsuccessful defendants to an action and one of them is a litigant in person – should this have any impact on the costs order that costs order the court makes? This was an issue considered by…
CPR 3.10 is a rule often asked to so some “heavy lifting” by applicants who have not complied with the rules or court orders. Sometimes it is not capable of handling the load, particularly in relation to issues surrounding service…
The rules state that a party can seek disclosure of a document mentioned (among other things) in a witness statement. This is the provision considered by the court in this case. The difficulty here was that the witness in question…
One of the fundamental rules of litigation is to take care that the person you are suing actually has the money to pay damages (and costs). Often damages are covered by an insurer, however there can be problems if there…
When a party loses an application or a case and costs are not assessed immediately then the general principle is that the paying party will be ordered to pay “a reasonable sum on account of costs”. Here the court considered…
There have been a number of cases recently where discontinuing parties have sought to escape the costs consequences that normally apply. We have such a case here. The judge considers the relevant rules and case law in detail. It is…
Here we look at a case where a claimant made amendments to the response pack because service was going to take place abroad. The response pack then contained errors in relation to the times by which the defendant should take…
The “Proving things” series has proven to be very resilient and very long lasting. It started in February 2016 and, as of today, there are 267 posts under this heading. More often than the matters covered relate to “not proving…
We are returning to the issue of non-party disclosure, indeed to the same case as the previous post. That post highlighted the Master’s concerns about the way in which claimant’s application had been conducted. The same judgment also contains a…
Today we are looking at a case that everyone involved in making an application for non-party disclosure should read. The Master was highly critical of the applicant’s conduct of the application and the evidence in support. It proved to be…
We have looked recently at the principles relating to amendment when the application to amend is made late. Here we look at a case where refusal to amend was refused because, among other things, the proposed amended case was not…
One of the purposes of this site is as a working “toolbox” for practitioners. To provide a useful and readily accessible source of information when particular issues arise. For that reason something new is starting on this site in the…
There are dozens, possibly hundreds, of posts on this site about the application of the Denton criteria and relief from sanctions. We have another case here. A defendant applied for relief from sanctions when the acknowledgment of service was filed…
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…
Here we are looking a judgment given last week where all the parties involved in a case agreed that an expert’s report was “fundamentally flawed”. Part of the report was based on a rejection of findings of fact that had…
The current consultation by the Civil Procedure Rule Committee relates to important issues of service that have featured many times in the courts, and on this site. Here we look at the issues being considered relation to the automatic agreement…
Here we look at another case where a party to litigation relied on “hallucinated” cases – created by Artificial Intelligence. The impact of those cases here were potentially more profound in that a party’s case – based on those false…
The period when you are waiting for a reserved judgment is always a time of tension and anxiety. If the judgment is subject to a severe delay then the disappointed (losing) litigant in particular may feel particularly aggrieved. How should…
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…
In this judgment today the Court of Appeal consider, in detail, whether it is appropriate for a judge to go outside the pleaded case. The judgment provides guidance for the practice to be adopted if the judge feels that they…
A solicitor is under a specific duty to warn the client when “unusual costs “are being incurred, particularly those costs that may be irrecoverable on an inter party basis. Here we have an example of a (former) client asserting that…
I am grateful to barrister Jack Macaulay for bringing my attention to the case we are looking at here. I refer people to Jack’s detailed summary of the issues below. However, here, I want to concentrate on two aspects of…
Those who take examinations in civil procedure have to studiously consider the difference between a “Bullock” order and a “Sanderson” order. Both relate to the liability of one defendant to pay the costs of another. The principles are considered in…
There has been an increase in the frequency of posts since this site became a membership site. Obviously this increases the number of emails members receive. It is possible to change your subscription so that you receive the updates daily…
We are looking at another case where it was held that the claimant’s Particulars of Claim were pleaded in an unsatisfactory manner. Even at the third attempt of amendment the case did not make sense and the action struck out….
Here we are looking at a decision where manifold service failures on the part of solicitors were identified. However we will look at one issue – the consequences of an attendance note not being full and complete. Counsel advised on…
The courts have, on occasion, indicated that the legal ombudsman may be a more cost effective way of resolving solicitor and own client costs disputes than expensive litigation. We are looking at such a case here, an ombudsman decision in…
When a Lord Justice of Appeal looks at a notice of appeal and skeleton and refers to a “kitchen sink” approach, we can probably surmise that a proposed appellant is going to have some difficulty here. When of their colleagues…
Yesterday we looked at issues relating to the capacity of a solicitor’s client and their consequent liability to pay costs. Today we look at a case about inter partes costs. If a claimant brings proceedings but does not, in fact,…
It is rare for issues of capacity to considered on an assessment of costs. However that is precisely the issue considered in this case. If the defendant established he did not have capacity when he entered into a retainer with…
There are many ways in which a litigant, dissatisfied with a judgment of the court can respond. They can apply to set the judgment aside; they can appeal; they can issue fresh proceedings attempting to argue that the action was…
Here we look at a case where the Court of Appeal upheld a decision that the claimant had failed to comply with the terms of a peremptory order. The action was, therefore, struck out. It is a salutary and important…
How do awards for pain and suffering for psychiatric injuries differ, if at all, to damages for physical injuries. What does the court do when there are physical and psychiatric injuries? What happens if there are multiple injuries? These are…
The case of Holcroft -v- Thorneycroft has been discussed on this site in the past. The Court of Appeal has allowed an appeal, by consent, setting aside the original orders and directing that the defendants pay the costs of the …
For the second time within a few weeks we are looking at a case where the judge had to consider whether to make a costs order following a claimant being successful after a split trial. Here the judge took a…
The post earlier today on the striking out of pleadings contained observations about the need for a party, seeking relief from sanctions on the grounds that it should be able to amend its pleadings, having those amended pleadings to hand…
One way to enforce a debt higher than £5,000 is to issue a bankruptcy petition. However problems for the would be petitioner can occur if the debt is disputed. We see such a case here. The judge held that there…
Here we are dealing with a case that bristles with issues in relation to the fixed costs regime. We have already looked at the same case in relation to the striking out of numerous actions because of defective Particulars of…
Here we are looking at a case where numerous actions brought by the claimant were struck out because the Particulars of Claim were wholly deficient. They remained wholly deficient even after the court had made a peremptory order compelling the…
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…
What should the court do in a case where a Part 36 offer is made in relation to a number of defendants but the claimant only succeeds against one of them? Can a failure to accept an offer of mediation…
Cases relating to late service of the costs budget are still filtering through. Rarely, however, does the failure extend over 2 years and 4 months as it does here. Despite the delay the claimant’s successfully appealed against the initial refusal…
Here we are looking at a very small part of a judgment in relation to costs on a solicitor/own client assessment. On of the arguments put forward by the (former) client was that the retainer was wrongfully terminated shortly before…
If an action is listed for hearing on a specific issue when can the judge hear, and make an order in relation to a different issue? This is an issue considered in the case we are looking at here. The…
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