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…
As all readers of this blog will now by now The decision in Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) means that solicitors must ensure that an “authorised person” has conduct of litigation. A failure to…
Here we look at a claimant’s applications under CPR 31.14(1) and 35.10 to have sight of a draft expert report that the defendant had referred to in a defence and in the report of another expert. The judgment contains a…
We are looking again at the decision yesterday in relation to the conduct of surveillance evidence. Just to highlight two issues: (1) a camera operator should not try to usurp the functions of the judge. The practice of providing a…
The decision Mazur continues to attract considerable comment, for good reason. Here we consider the question of how the courts approach the issue. (13 may be lucky for some. Just remember the court considers the position “in the round”). …
This is the most serious criticism of surveillance operatives as I have seen. The judge found that the operatives, filming on behalf of a defendant for the purpose of litigation, had been “fundamental and repeated” errors. The operatives then put…
We are continuing with the detailed look at the consequences of the Mazur case. Here we look at that part of a judgment where the court made clear findings as to what did not constitute the conduct of litigation. (Staying outside…
On a regular basis on this blog we see cases where judges have been highly critical of the witness statements used at trials or hearings. This criticism is not a rare event and is usually justified. Many witness statements are…
Over the years many claimants have been “rescued” by a defendant’s failure to make a timely, or correct, application to dispute the jurisdiction when the claim form has been improperly served. The limits of the defendant’s obligations were considered by…
Here we look at another case where a claimant has come to grief because of a failure to serve the claim form. The ingenious arguments that he should have relief from sanctions were successful at first instance, but were rejected…
Comment on the implications of the Mazur decision goes on unabated. Some of this is informed commentary, some it is definitely not. On this site we are going to continue the examination of the primary sources of assistance to litigators…
It is rare for there to be a detailed consideration of the principles relating to whether expert evidence is necessary, admissible or desirable. There is a detailed consideration of the principles here, combined with some clear observations on the necessity…
The Costs Group at Kings Chambers are looking for new members to join the happy team. Details are below. THE ADVERT Make your move… Be part of the growth in Costs Litigation As part of our continued growth…
The webinar on Mazur I did last Friday is now available from Steve Cornforth who kindly arranged it. Details are below. (You can watch the recording on any screen you like – well nearly…) HOW TO GET IN TOUCH WITH…
A person unlawfully “conducting” litigation can be imprisoned for up to two years, be fined and is also in contempt of court. This makes uncomfortable reading for many. However there is a statutory defence. There is useful case law…
Here we are considering a case that covers issues relating to clinical negligence, the drafting of pleadings and wasted costs. It gives much to think about, particularly for those bringing professional negligence actions. (Choose the right type of doctor before…
We are continuing with a detailed examination of the cases and principles relating to what is meant by the “conduct of litigation”. Here (with some major caveats in mind) we look at the Court of Appeal decision that has been…
Here we have a case where the court considered the defendant’s argument that the normal provisions of Part 36 should not apply when that defendant had failed to beat a claimant’s Part 36 offer. The burden on a party arguing…
Here we consider a case where a defendant argued that the term of a claimant’s Part 36 offer was not clear and the offer was not, therefore, valid. The defendant had not sought clarification of the offer. (Unluckily for the…
This is the start of a new sub-series concentrating on one issue. We will be looking at what has become one of the key matters of concern for many litigators – what is meant by the “conduct of litigation”. There…
I have just finished presenting a webinar on the Mazur decision. I have a distinct feeling that this will not be the last. It was the first time I can remember where the time spent on questions afterwards exceeded the…
Here we look at judicial comments on the written submissions given after a lengthy trial. The judge’s concern was that their length hampered rather than helped their task. (One suspects it sapped a lot of enjoyment out of their task)…
When a claimant beats their own Part 36 offer they are entitled to additional interest on damages from the “relevant period” (the date of expiry of the offer. Here we have a case where the factors that effect the rate…
CILEX have provided further guidance in a document produced yesterday “CILEx Regulation – Interim Guidance The conduct of litigation and supervision”. (It may not be too late to register for the webinar on this topic today at 12.00 – details…
We are looking at a case that shows that both sides can fail to prove things. Here we have a claimant who failed to prove a claim for £8 million. On any view this was quite a significant omission. (No evidence…
The burden of proving a failure to mitigate loss lies on the party alleging it. It is a case that has to be pleaded. Once pleaded then the case has to be proven. Here we look at a case where…
In recent weeks this blog has looked at a number of cases where evidence from social media sources has played a key role in the outcome of a civil case. These issues are is not confined to personal injury litigation. …
Along with the reminder that the webinar on Mazur is on Friday 3rd October (details available here) it is notable that SRA issued a statement on Mazur yesterday. The full text of which is below. There is no hint of…
The webinar on Friday the 3rd October will deal with many of the major issues that arise from the the decision in Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB). Here we consider the issue relating to…
You must be logged in to post a comment.