Here we look at the latest statutory instrument which makes changes to the rules. This time a highly specific rule making amendments to Part 8 to deal with the filing of evidence where the defendant states it intends to dispute…
Here we are considering once again the question of whether it is wise for a solicitor to sign a statement of truth on behalf of a client. It arises from the case we have already looked at this morning. However…
We are taking a closer look at the judgment on fundamental dishonesty. I want to hone in on the issue of the evidence provided by social media, in this case Facebook. This case is an almost textbook example of a…
Here we look at a case where the claimant was found to be fundamentally dishonest. The judge commented on the irony of the fact that she had a substantial claim for damages, even without that dishonesty. Nevertheless the evidence of…
Here we are looking at an interesting argument in relation to whether service was effective after a party had changed their name. The defendant argued that the name change meant they had not been served properly and were not a…
We are looking again at the award of indemnity costs. The judge ordered that costs be paid to the claimant on the indemnity basis. He then went on to consider whether, given that decision, it was necessary to retrospectively vary…
Here we look at a judgment where indemnity costs were awarded against an unsuccessful defendant. As we shall see there were a number of factors in that decision. However it is notable that, in both judgments, the judge commented on…
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…
We are looking at a different aspect of the case we have already looked at this morning. However the paying party in that case to some extent where the authors of their own misfortune. In particular the judge held that…
The principles considered here work for both sides. Where does a receiving party look when the paying party wants to reduce costs because of “proportionality”? Where does a paying party look to gain guidance on such issues. I am here…
I am grateful to my colleague Paul Hughes for bringing my attention to this decision of the SCCO in relation to proportionality. It is a case where the paying party specifically raised proportionality as a further and specific issue after…
This post follows a report earlier in the week of a solicitor being struck off because she lied to her client about the fact that a medical report had arrived. The medical report contained bad news in relation to the…
Enforcement is an important part of the civil litigation process. If a litigant won’t pay the sums due under a court order then the whole process was, most probably, for nothing. The aim of this series is to look at…
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…
The aim of this series is to give practitioners a quick place to look if they are placed in a sudden dilemma. The issue here, which can arise at short (or no) notice is what should a party (“A”) do…
We are looking at the judge’s consideration of costs issues after a lengthy trial. The claimants had succeeded and the judge considered whether the matter had been conducted in such a way as to justify an order for indemnity costs…
Yesterday we looked at a case where a receiving party accidentally included a claim for VAT in a bill of costs. The error was noted, after being queried by the judge, however the judge went on to state ” I…
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…
We are looking at a case where the judge summarily assessed costs with no input from the paying party. The receiving party had made a mistake by claiming VAT (something only appreciated when the judge raised the question). There was…
We look here at an unusual set of facts relating to the judge’s assessment of expert evidence. Firstly the judge found that the claimant’s expert had no real experience of the specific issue in question in the action; she also…
It is worthwhile taking a look at cases where costs are awarded in cases where there normally would be no inter party order for costs. We look at such a case here, in the First Tier Tribunal. On appeal to…
Here we are looking at a case where the court refused the defendant’s application to extend time when the defendant wanted to challenge the argument that costs were capped. It was held that the defendant’s delay of 21 days was…
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…
One of the aims of this series is to look at how costs awards are being made in practice. What is happening “on the ground” is important, if not essential, knowledge for working litigators. Here we look at a summary…
Here we are looking at a case that reminds us that a client’s ability to challenge the reasonableness of solicitor’s costs can go outside the Solicitors Act. Even when the time for challenging the bill has passed the court can…
It may not have escaped reader’s notice that we have already started the month by looking at a case about defects in the service of the claim form. The claimants in that case (which was said to be a £22…
Here we look at a case where the claimants came to grief on issues relating to service – extensions of time for service of the claim form were set aside. One remarkable feature of this litigation is that this was…
Here we are looking at a case where the appellants argued that a decision was unfair because, although they had lodged submissions on key issues in time, these did not reach the judge until after they had written their judgment….
Here we are looking a a summary assessment of costs following an appeal that was all about costs. The are a number of issues of interest here: the hourly rates, time spent and use of Leading Counsel are considered. Further…
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…
When a court considers setting aside a regular default judgment it must have regard to whether the application was made “promptly”. There is a consideration of that issue in the case we consider here. There had been some delay in…
The previous post looked at the Court of Appeal decision yesterday in relation to applications for anonymity in civil cases. Here we take a close look at the factors that the courts have to consider when an application for anonymity…
This is the first of several posts that will look at the Court of Appeal judgment today in relation to the principles concerning applications for anonymity and reporting restrictions on children and protected parties involved in litigation. Here was have…
It is getting to the stage that I am concerned about receiving complaints from readers if this blog does not have a regular feature on bundles. In fact we have not looked at a case since June, so we are…
There are relatively few cases relating to service of proceedings by a contractually agreed method. We have some significant issues considered in this case. Firstly whether the defendants were, in fact, parties to the contract that the claimant relied upon…
We are looking at a case where a claimant, in closing submissions, attempted to take a point that had never been pleaded. The defendants stance was that it did not want to take a “pleading point”, however the judge found…
I remain surprised about how many of the cases relating to service of the claim form are professional negligence actions. Perhaps those who conduct such work come to believe they have a degree of immunity from the normal rules of…
We are looking at a decision newly arrived on BAILII in relation to disclosure and relief from sanctions. A defendant brought (potentially significant) documents to trial which had never been disclosed before. The trial judge did not permit the defendant…
It may be a matter of comment when the suspicion arises that the costs of arguing about costs exceeds the initial costs in dispute. I suspect that may be the case in many cases in this series (indeed people have…
We are looking at another case where a party served a witness statement and yet the witness did not attend trial, the court only being told of this at the end of the trial itself. In this case the statement…
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…
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…
We have seen some unusual conduct of experts on this site. However the case we look at today has elements that we have not looked at before. An expert carried out tests on the claimant and, as a result of…
Here we are looking at a case where the claimant served witness statements that he said he was going to rely on. It only became apparent part way through the trial that the claimant was not, in fact, going to…
We are carrying on with the review of the appeal judgment that considered key issues in relation to service by electronic means. Here the judge considered whether the claimant’s failure to obtain the defendant’s specific consent prior to service rendered…
We are returning to look again at the case considered in the previous post. This time honing in on the error that was made initially in relation to the time for service of a notice of discontinuance. The District Judge…
I have been sent a case that is important and interesting on many levels. Firstly in relation to when it is permissible to serve documents by email; secondly in relation to the latest time in the working day that documents…
There is an interesting postscript to the case we looked at earlier this morning. It is another example of a party attempting to use a request for “corrections” of a draft judgment as an opportunity to re-open the whole case. …
We are looking today at a case with an unusual, if not extraordinary, procedural history. The Master observed that the claimants had been very poorly represented in the past: “It is abundantly clear from the succession of retainers and instructions…
We are continuing to look at the interesting inter-lawyer dispute considered in the previous post. This time at the defendant’s pleaded case and its attempt to resile from a clear admission and put an alternative case in its place. (You…
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