It is a difficult task to summarise the value of a life in one document. This is what happens when a schedule is drafted in a fatal claim. It is a task that has to be done carefully and with…
There is always room for another case about bundles on this site. It is a subject of endless fascination to most litigators, and endless frustration for many judges. Here we are looking at a case where the trial judge observed…
We are looking at a case where there was clear example of a failure to prove things. The claimants did not have sufficient evidence to satisfy the court it should make the order they were seeking. In fact the judgment…
For the second time this week we are looking at the issue of whether, or not, it was reasonable for a claimant’s solicitor to conclude that a matter should have been commenced outside the Low Value Personal Injury Portal. This…
A Practice Note issued issued earlier this month sets out changes to the practice of the Commercial Court in relation to the value which it will consider transferring claims to other courts. These changes take effect from the 1st July…
We are looking at a judgment from today which considers the “without prejudice” rule in some detail. In particular the steps a party should take if it wishes to argue that it should be able to rely on without prejudice…
We have a case here where a solicitor and KC involved in a case were heavily criticised by the trial judge. The solicitor attempted to appeal those findings and the Court of Appeal considered, among many other things, their Article…
How does one firm act on behalf of both sides in litigation? Entering judgment for a claimant and then applying, on behalf of the defendant, to have that judgment set aside? The easy answer is that it can’t. This…
The question of whether a case should have been started using the Low Value Protocol is often a difficult one. The lawyer for the claimant has to make a decision on this important issue without the benefit of any medical…
Problems occur when a claimant fails to take appropriate steps to ensure that the defendant is in fact living at the address where a claim form has served. This was the issue considered by the Court of Appeal today. The…
This series has now covered hundreds of examples where litigants have failed to prove their case. We are looking at another example here where a counterclaiming defendant adduced no substantive evidence of a claim said to be worth nearly £500,000. …
A number of people have been in touch asking whether the site can accommodate larger groups than those set out in the original plan (someone has asked whether there can be “limitless” numbers on a subscription). As a result of…
This is the third in this series looking at cases where misconduct has been alleged, or found, in the costs assessment process. We have here a bill of costs that was reduced substantially, which failed to beat a Part 36…
A common feature of litigation is the leaving of matters until the last minute. Be it service of the claim form, costs budgets or compliance with a court order. Here we have a case of a party delaying in complying…
This is the first day of this site as a subscription site and people have been very supportive. There have been very few teething problems. It will help if I address two issues: (i) how to add colleagues if you…
Artificial Intelligence and legal “research” has been very much in the news of late. I am grateful to my colleague Steven Turner for sending me an example where, upon being questioned, Chat GPT readily conceded that a case it had…
A new Court of Appeal (Civil Division) Guide has been published. It provides an essential guide to Court of Appeal cases. THE PURPOSE OF THE GUIDE “The main purpose of this Guide is to set out as clearly as…
Many, if not all, litigators will be familiar with the scenario whereby an estimate of costs is given and events develop so that the estimate is overtaken. This scenario was considered in the case we are considering today. An estimate…
Here we are looking at a case where a party, dissatisfied with the approach of a jointly instructed expert, applied to the court for permission to instruct their own expert. The judgment contains a useful summary of the relevant principles….
We are looking at a case where the court struck out the claimant’s case against three defendants because of the inadequate way in which the case was pleaded. General assertions that someone here must be to blame were not sufficient. The…
On the 10th June 2025* this site is becoming a membership site. All the past posts, and the vast majority of future posts will only be available to members who have joined. This post explains what readers need to do…
I was saddened to learn yesterday of the death of District Judge George Branchflower. This is a sad loss to his family, his friends and the legal profession. GEORGE’S ROUTE TO THE BAR George had an unusual route to…
The use of AI which cites “false” cases is extremely worrying. It is clear that this is a widespread issue. In an appendix to the judgment the Divisional Court reviewed the cases, including many from foreign jurisdictions, where AI had…
Part of a series on fatal accident litigation this webinar takes you through the essential elements you have to consider before you can advise whether a claim for fatal accident damages can be brought. Booking details available here WHAT THE…
We are returning to (and not for the last time) to the Divisional Court judgment in relation to the citation of false authorities due to the use of Artificial Intelligence. The Court reviews the dangers, the guidance and the sanctions…
We are continuing with the examination of the Court’s judgment in relation to cases where false authorities have been cited as a result of a reliance on false authorities, generated by artificial intelligence. Here we have a case where the…
This blog has already considered the case of Frederick Ayinde, R (on the application of) v The London Borough of Haringey [2025] EWHC 1040 (Admin) on several occasions. False (presumably AI generated) authorities were put before the court. That case,…
Here we look at a case where the claimant suggested that a preliminary issue trial be adjourned. The court was firm in its rejection of that suggestion. The judge stated that the trial “is not a rehearsal” and that if…
This series may well be misnamed. A more apt description may well be “not proving things”. That is what we are considering in looking at the case today. There was a lengthy trial with a substantial claim for damages. The…
This series is giving rise to more cases than I initially thought. Here we look at an example of a claimant wishing to pursue a specific line of argument but having to accept that it was not pleaded and that…
The webinar on Part 36 that I broadcast earlier this week is now available on YouTube and can be found here. Links to previous webinars on Part 36 can be found below. MATTERS COVERED IN THE 2025 WEBINAR This…
There have been a large number of cases where the courts have been critical of attempt to “re-open” judgments at the stage where the draft judgment is circulated. We see another example here. The judge reviewed the cases on this…
If we had a pound for every word in witness statements served in just one single month that was irrelevant or inadmissible we could probably go a long way to paying off the national debt. The costs, however, are probably…
Fatal accidents claims are often some of the most challenging areas for the litigator. Claims have to be investigated (and defended) with great care and sensitivity. To add to the difficulties the law relating to damages is almost wholly based…
There have been a number of cases recently relating to Part 18 questions and questions to experts. Here we are looking at a case where the defendant raised numerous requests to the claimant and sought a peremptory order when it…
The previous post about when experts should be called to give evidence also contained a consideration of the nature of questions that can be put to experts. One of my colleagues has suggested that the summary relating to the questioning…
When should the courts permit experts to give evidence at trial? There are few cases on this topic and today we are looking at a decision in the family courts. The case is relevant to civil practitioners in that it…
Yesterday I gave a webinar about Part 36, this will shortly be available on YouTube. The webinar reviews cases over the past 12 months. One of the points being considered was the arguments in Henderson & Jones Ltd v Salica Investments…
It is important for all litigators and litigants to know that some regimes, although normally costs free, do have a discretion to award costs. The Employment Tribunal is an example of this. In this case the Employment Appeal Tribunal upheld…
This is a case where the judge found that the claimant and a witness relied on documents that they knew to be forged. It is an important reminder of the lengths that some people can go to in litigation. It…
The issues of an occupier’s duty in relation to those walking along unadopted highways are always complex. Here we look at a case where the claimant was successful in establishing a breach of duty following an injury she sustained when…
Today we are looking at a case where the judge rejected an argument that evidence could not be given because the particular issue had not been pleaded. The judge held that, on the facts of this case, the evidence was…
The Ministry of Justice announced on the 30th May 2025 that there is to be a reduction in the interest rates paid on funds in the Court Funds Office. Photo by micheile henderson on Unsplash THE ANNOUNCEMENT The announcement can be found here. “In…
It is difficult to find anyone who has a good word to say about Section 2 of the Animals Act, this webinar looks at recent cases relating to liability for animals and the practical steps litigators can take when considering…
I am grateful to my colleague Paul Hughes for sending me a copy of the decision we are looking at today. Another case on the ongoing saga of whether a retainer allows a solicitor to serve interim statute bills. The…
Here we are considering a High Court decision about the consequences of a Part 36 offer. The claimant failed to beat the offer “by a whisker” because of the way in which interest was calculated. The judge considered the claimant’s…
There are relatively few cases on procedural issues relating to Part 18. In this case the judge considered whether the court had power to compel a claimant to reply to Part 18 questions from the defendant before a defence was filed. …
Sometimes you have to go looking for a pun as a headline for a blog post. Often they simply write themselves. In a case involving water companies who spent £1.2 million on experts, this was one of these cases. The…
This webinar looks at recent cases in relation to periodical payments and periodical payments, including an interesting negligence case brought against solicitors who failed to claim provisional damages. Booking details are available here. It then looks at the…
NB THE JUDGE’S DECISION TO OVERTURN THE OMBUDSMAN’S DECISION IN PART WAS IN TURN OVERTURNED BY THE COURT OF APPEAL IN Aina Khan Law Limited, R (on the application of) v Legal Ombudsman [2026] EWCA Civ 773, DETAILS OF THAT…
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