CONTRIBUTORY NEGLIGENCE CONSIDERED: CASES IN THE COURTS IN THE PAST 12 MONTHS: WEBINAR 1ST JULY 2025
It is commonplace for defendants to make allegations of contributory negligence against an injured claimant. Litigators working in this field need to know the basic law and principles relating to contributory negligence and also how these are being applied in…
Here we have a case where the defendant unsuccessfully appealed against the striking out of its counterclaim. The claimants had consented to the claim being struck out, on the defendant’s application, due to undue delay in the action. The defendant…
We are looking at a judgment from today where a bank has brought a claim against a firm of solicitors arguing that they have caused the bank loss because of the number and nature of complaints made by the solicitors’…
We are looking at this Court of Appeal decision for the second time. Here we look at the Court’s consideration of an argument that an appeal should not proceed because the arguments were “academic”. There are important points considered here…
For those who have missed the email from HMCTS it is important to note that the HMCTS platform is not working at the moment. The email from HMCTS below makes practical suggestions as to what should be done if uploading…
The Court of Appeal considered, on the face of it, a very simple question in this case as to the courts powers proceedings issued under Part 8 in a claim within the Pre-Action Protocol for Low Value RTA Claims. For…
The reaction of many professional litigators to reading many of the cases on this site is (if truth be told) “who paid the costs” and “how much did all that cost? For that reason it is always of interest to…
There are relatively few cases in which the Court of Appeal looks at civil claims for injuries caused in the course of sporting activity. We are looking at such a case here. The Court addresses the question of what standard…
When the parties jointly instruct an expert how far is the judge “bound” by the views that the expert reaches? This is an issue we are looking at for the second time within 6 days. We have an interesting consideration…
When is the best time to determine the costs of a split trial when the case will go forward to a further hearing? This is an issue considered in the case we consider today. There are quite specific rules and…
Today we are looking at a case where a successful claimant’s cost were halved because of its “vague and expansive” pleadings, coupled with a failure to “specify with clarity and precision” what its case was. (Half a sixpence…
The law on adjournments sought for health reasons is relatively clear. Knowledge of the principles (or at least where to find them easily) is an essential part of the litigator’s toolkit, not least because applications tend to come “out of…
Anyone attempting to appeal against an order for costs faces an uphill battle. This may be doubly so if the costs order is made presumptively because they have discontinued an action. Here we consider a case where the difficulties of…
What should the court’s approach be if a party serves a Part 18 request but, for various reasons, it does not comply with the rules? The respondent to the request in this case took the point. The Master had to…
Cases relating to the wrongful sharing or disclosure of embargoed judgment have become a surprisingly common feature of litigation in recent times. Here we look at another High Court decision where this has happened. The judge states that there are…
I am grateful to Express Solicitors for sending me a transcript of a judgment that marks another round in the fee note/medical agency/provide a breakdown conflict. Here we have the judge considering whether a breakdown, incorporating the percentage taken by…
We have had an example earlier this month of things going badly wrong in a fatal claim, that led to a wasted costs order against the solicitors. This webinar looks at the potential problem areas of fatal accident litigation and…
There have been a number of cases where litigants have run into difficulties because they have not complied with the requirements for witnesses who give evidence remotely from abroad. We see an example of this case where there a conflict…
It may be possible for a month to go by without a mis-service of the claim form issue arising in the courts, but it is not this month. We have here a case with the familiar litany of waiting to…
We are looking, again, at a case where there were issues as to evidence. Part of the defendant’s case was that the evidence was not admissible or was hearsay. The defendant’s arguments did not prosper. Hearsay is admissible, the real…
Here we have a case where the claimant spent some six weeks in court, established that the defendant was in breach, but recovered nothing in damages. It may well be an object lesson in failing to prove loss. (A photo taken…
Back in 2013 I wrote a series about avoiding negligence claims in litigation. This is an appropriate time to update and refresh that series (with the benefit of hindsight perhaps I should have done that annually). Some of the…
A few weeks ago I was cagey in reporting a case about AI generated false authorities because I could not believe any lawyer could do this and was wary of the accuracy (indeed authenticity) of the report. Today I am…
A question from a group subscriber today led me to discover that every group subscription includes a “plus one”, so the administrator of the group has access to the site in addition to the number of seats purchased. THE…
For the second time today we are looking at a case involving the fallout following solicitors being involved in litigation and the funding thereof. It also involves companies in administration and allegations of cases being mishandled. The sums involved are…
We are looking at a case where – in no short measure – the judge was highly critical of the defendant’s pleadings. They were described as “the very antithesis” of the paradigm urged upon pleaders by the guidance given in…
The case we are looking at today has many levels. It involves the falling out of two entities that were involved in “mass litigation” for thousands of claimants. It shows something of the nature of this type of litigation. Arguably…
The courts encourages the use of jointly instructed experts However this does not mean that the case, or even key issues in the case, are necessarily determined by those experts. Here we have a case where the judge held that…
What is the appropriate response of the court if a schedule of costs is served late? This is an issue considered in a recent High Court judgment. It provides a good opportunity to review the rules, the guidance, and previous…
This is a case of many layers. It relates to an initial application to restrain the presentation of a winding up petition. The respondent asserted that they did not have no notice of the application and sought to set the…
It is eight days since CLB became a subscription site. I’m glad to say that the numbers visiting the site have not gone down and the membership system is working well. There are a number of common questions I am…
Is a person attending a public hearing entitled to sight of the skeleton arguments being used? Is disclosure confined to the press? What should happen if the skeleton refers to matters that fall foul of reporting restrictions? These are important…
We are looking at a short postscript to the case examined in the previous post. The judge made observations that were critical of a witness who had made a statement in support of an injunction. The claimant asked for the…
There have been some strong judicial criticisms recorded on this site over the years. I cannot recall much stronger than this case where the judge stated that “the court’s conscience was shocked” at the conduct of the claimant, both in…
There are several pieces of legislation that now have to be considered when a court is considering liability in the context of the defendant being involved in voluntary or similar activity. The Social Action, Responsibility and Heroism Act 2015 has…
This series has taken an unexpected turn. I didn’t expert to be writing about a Court of Appeal decision that considered the precise pleaded meaning of the word “pornography”, but that is precisely what we are doing here. A decision…
Knowing the reasons why a judge may prefer the evidence of one expert over another is an important part of a litigator’s skill. Each case is, of course, fact specific, but there are clear trends that can be discerned. Here…
The “purdah” rule – that a witness cannot discuss the case and their evidence with others, including their legal team, once they have started giving evidence is of utmost significance. Here we are looking at a case where a witness…
It is rare for a wasted costs order to be made against a solicitor for pursuing what is seen as a “hopeless” case. However we have such an order in the case we are considering here. The Master found the…
Many, if not all, of those involved in credit hire legislation will already have read the Court of Appeal decision last week with care. The Court also considered the question of whether the fact that there are close commercial, or…
We are looking at a case where the claimant beat its own Part 36 offer and the court had to consider the consequences. There were some unusual aspects in that the judgment was not given in sterling. However the judge…
Can the court compel a party to file a witness statement explaining, in detail, why mistakes were made in earlier witness statements? That was the issue considered in the case we are looking at today. The judge considered the provisions…
There are two important procedural points considered here relating to to appeals relating to committal proceedings. The first relates to the court to which an appeal has to be made, the second to the scope of an appeal. Here we…
I periodically remind people (and remind myself) that one of the purposes of this series is to look at what is happening “on the ground” in relation to costs, including the summary assessment of costs. Practitioners may only have limited…
We may well be mining the Court of Appeal decision on the liability of car hire companies for costs across a number of further posts. Here, however, we are taking a look at the sections in the judgment that considered…
Here we are looking at a Court of Appeal decision about the drafting and construction of court orders. The order made in this case was totally deficient, consequently it could not be enforced. (Absolute precision is demanded here…) “……
We are returning to the same case as the previous post but looking at a different issue. The judge considered whether to make an order for indemnity costs against the claimants. The case is unusual in that such an award…
For the second time today we are looking at the rules relating to Qualified one way costs shifting (QOCS) and its exceptions. Here the defendant had spent £2 million successfully defending a claim, only part of that action was a…
This is the second post about the Court of Appeal judgment today in relation to the liability of credit hire companies to pay costs. Here we look at the decisions made in relation to each of the two cases under…
This is the first of several points that will look in detail at the Court of Appeal decision today in relation to the liability of credit hire companies to pay costs. This first post outlines the main findings. Later posts…
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