When you start looking for cases about pleadings it is surprising how issues in relation to statements of case keep popping up. We see it in the judgment of Jeremy Hyam KC in Kau Media Group Limited v Thomas Hart [2025] EWHC…
Many of the posts in this series revisit previous series on the judge’s view. This post looks at the recent case of Russell v Coulter (Rev1) [2025] EWHC 493 (KB). The judge made certain observations when disallowing the evidence of a…
For the second time this week we are looking at issues relating to extension of time and appeals. In Abbotsley Ltd v Pheasantland Ltd [2025] EWHC 654 (KB) HHJ Karen Walden-Smith provided a timely reminder that a party who wishes…
The Professional User Guidance for the Damages Claim Portal has been updated this month. Anyone using the Portal is best advised to have the new guidance to hand. THE UPDATED GUIDANCE The document from HMCTS can be found here…
In David Forsyth v Craig Howson & Anor [2025] EWHC 653 (KB) HHJ Claire Evans (sitting as Judge of the High Court) refused an unusual application by the defendants. The claimant had capacity to litigate and yet the defendants sought an order…
An earlier post set out the changes to court fees that are coming into force on the 8th April 2025. The Practice Direction that brings those changes into force has now been passed. THE PRACTICE DIRECTION The Court and…
In Tatiana Soroka v Payne Hicks Beach (A Firm) [2025] EWHC 602 (Ch) Master Kaye refused the claimant’s application for a split trial. The judgment considers in detail the guidance from the authorities and the matters the court should take into account….
The judgment of Mr Justice Hayden in F (A Minor) (Permission To Appeal) [2025] EWHC 638 (Fam) highlights a trap for those seeking permission to appeal. The time for appealing runs from the date that the order was announced and…
The “Proving Things” series on this blog is now up to number 256. The vast majority of this series is, in fact, about not proving things. That is where litigants fail to bring sufficient (sometimes any) evidence to court to prove…
I sometimes have to remind people (and remind myself) that one of the aims of this series is to keep an eye on costs awards that are actually made at hearings at trial. This provides an insight into what is…
In Singh & Ors v Ingram [2025] EWCA Civ 264 the Court of Appeal rejected an argument that a retrospective conditional fee agreement was invalid. The Court was, to say the least, suspicious of argument that the receiving party’s solicitors…
In John Sisk and Son Ltd v Capital & Centric (Rose) Ltd [2025] EWHC 594 (TCC) HHJ Stephen Davies (sitting as a High Court Judge) found that a party had breached the rules relating to the embargo on a draft…
I am grateful to Howard Dean of Keoghs, solicitors, for sending me a copy of the judgment of District Judge Morris in Smith -v- Portsmouth Hospital NHS Foundation Trust, a copy of which is available here. It is a case…
There is a consideration of the principles relating to the use of expert evidence in the judgment of Mr Justice Fancourt in Cohen & Ors v Co-operative Group Ltd & Ors [2025] EWHC 526 (Ch). The judge rejected the claimants’…
The APIL Damages Series is 10 webinars looking at key elements of law and practice relating to personal injury damages. The webinars can be bought and watched individually. APIL has a special offer for all 10, details available here. …
In Lumsden v Charles [2025] EWCC 7 HHJ Peter Marquand refused a claimant’s application for relief from sanctions. The claimant had issued Part 8 proceedings but failed to serve the witness evidence and particulars with the proceedings by the rules. …
The last few weeks have seen a number of cases where judges have been critical (if not despairing) at the quality of the the bundles used at trials and applications. My attention has been drawn to “BunTool” a free online…
HM Courts and Tribunal Services have published two documents to help legal professionals issue and manage an online money claim. THE DOCUMENTS 1. Issue and online money claim as a legal professional 2. Manage and online money claim as…
The judgment in Henderson & Jones Ltd v Price [2020] EWHC 3276 (Ch) was given in October 2020, but has only recently arrived on BAILII. It concerns late service of a Part 36 offer. This is an issue rarely considered…
The past few weeks have led to a number of cases about bundles. My working theory about trial and application bundles is that problematic bundles often reflect a much deeper malaise in the case itself. Support for that theory can…
In Assensus Ltd v Wirsol Energy Ltd (Re Consequential Matters) [2025] EWHC 503 (KB) Mr Justice Constable rejected the claimant’s argument that the successful defendant’s refusal to attend mediation should lead to a reduction in the defendant’s costs. The case…
We are looking again at the judgment of HHJ Paul Matthews in Bains v Irshad & Anor [2025] EWHC 491 (Ch). This time about the consequences of telling lies to the court. The equitable doctrine that most lawyers remember best is the…
The judgment of HHJ Paul Matthews in Bains v Irshad & Anor [2025] EWHC 491 (Ch) contains much of interest (not least there are not many civil judgments which end with the judgment stating that, because of the claimant’s evidence,…
Having determined to look more closely at cases where the statements of case are at issue cases seem to come forward in abundance. The failure of a claimant to plead a cause of action in a claim form was considered…
Few lawyers can afford to ignore the effect of social media, both in relation to their cases and their practice generally. In some cases social media entries can affect the outcome of trials. There are specific duties placed upon lawyers…
In Russell v Coulter (Rev1) [2025] EWHC 493 (KB) Mr Justice Saini disallowed the calling of a witness that the claimant planned to call in an action for professional negligence. The witness statement relied upon contained opinion and inadmissible commentary. …
In Henderson & Jones Ltd & Ors v Grange Heating Services Ltd & Ors (COSTS) [2024] EWHC 3572 (TCC) Adrian Williamson KC (sitting as a High Court Judge) refused to admit a “skeleton” argument that was too long and did…
In BB & Ors v Khayyat & Ors [2025] EWHC 443 (KB) Mr Justice Soole rejected an argument that claimants who had not brought an action for personal injury could have the benefit of QOCS protection. The fact that they…
For some time now I have been meaning to write a series on the numerous issues that arise when cases are not pleaded properly. There are a catalogue of cases where the parties come to court, normally shortly before (sometimes…
This blog has looked at the judgment in Boyd v Hughes [2025] EWHC 435 (KB) several times in relation to procedural issues and assertions of dishonesty. However the case, ultimately, was about a claimant who was injured when she fell…
There are a number of cases on this blog where litigants have attempted to “reopen” issues when a draft judgment is sent out to the parties for editorial corrections. We have an example in the judgment of HHJ Stephen Davies…
A press release from the Ministry of Justice states that Court fees are to increase in early April (but there are some decreases). The release can be found here. “In early April 2025, and subject to parliamentary approval, the…
In RP v Barnsley Metropolitan District Council [2025] UKUT 46 (AAC) Edward Jacobs, Upper Tribunal Judge, found that the errors with bundles at a First-Tier Tribunal led to unfairness and amounted to a an error of law. “There were, as…
We are returning to the judgment of Mr Justice Cotter in Boyd v Hughes [2025] EWHC 435 (KB). At the conclusion of the judgment there is a very clear warning that this case: (i) should not have been issued in the…
In Boyd v Hughes [2025] EWHC 435 (KB) Mr Justice Cotter decided, by the very narrowest of margins, that the claimant’s deliberate exaggeration of her claim did not amount to fundamental dishonesty. There was some exaggeration of the effect…
There is an interesting postscript to the judgment of Judge Anthony Snelson in the case of Soor v Luton Borough Council [2025] UKFTT 259 (GRC). It relates to bundles… … the bundle produced by the Council (over 600 pages long)…
In J&J Snack Foods Corporation & Anor v Ralph Peters & Sons Limited & Anor [2025] EWHC 436 (Ch) Mr Justice Fancourt set aside an injunction that had been obtained without notice. The case is an object lesson in the need…
In Santiago v Motor Insurers’ Bureau ( The County Court at Central London, 22nd February 2025,available here Santiago v MIB Final)* HHJ Dight CBE considered the issue of what was a reasonable and proportional interpreter’s fee. The case had been…
I am grateful to Express Solicitors for sending me a copy of the judgment of HHK Baddeley in Robinson -v- UK Insurance Limited, a note that case and of the judgment is available here -Robinson word . HHJ Baddeley was…
In Lexi-Rae Speirs v St Georges University Hospitals NHS Foundation Trust [2025] EWHC 337 (KB) Senior Master Cook considered the question of how the court should approach an application for an interim payment in a case where the claimant was only…
In PMC (a child) v A Local Health Board [2025] EWCA Civ 176 the Court of Appeal adjourned a hearing relating to anonymity orders in civil cases involving children, pending a Supreme Court decision. Some important guidance was given as…
This webinar deals, among other things, with three cases where solicitors have been struck off the Roll because of their conduct with expert witnesses. In one of those cases the solicitor also went to prison. The Court of Appeal held…
A very short passage in the judgment of Mr Justice Fancourt in Odhavji v Tighe & Ors [2025] EWHC 372 (Ch) sets out the steps a prudent party should take when a transcript (and sometimes a judgment) cannot be obtained. …
In Trident House Development Limited v Mohammed Yousaf [2025] EWHC 344 (Ch) HHJ Klein (sitting as a High Court Judge) found that a claimant had failed to establish it had suffered any loss at all in its claim for damages against the…
In Noel Anthony Clarke v Guardian News & Media Ltd [2025] EWCA Civ 164 the Court of Appeal considered (but did not determine) the question of whether it was mandatory to give notice of the application to join a new defendant to…
We are returning to the judgment of Senior Master Cook in Lexi-Rae Speirs v St Georges University Hospitals NHS Foundation Trust [2025] EWHC 337 (KB). The Master observed that the witness evidence served in support of the claimant’s application went…
In Lexi-Rae Speirs v St Georges University Hospitals NHS Foundation Trust [2025] EWHC 337 (KB) Senior Master Cook considered an argument that the defendant’s evidence should not be admitted because it was served late. The fundamental problem with the claimant’s submission…
Judges regularly complain that witness statements are inadequate and do not contain sufficient information, alternatively that they contain much information that is irrelevant and the witness is unable to give. This webinar is designed to help practitioners avoid the major…
In Commerzbank Ag v Ajao [2024] EWHC 3168 (KB) Ms Justice Eady gave permission to bring committal proceedings on the basis of evidence that had been used before the Employment Tribunal. The case is a reminder that making witness statements,…
In A Father v A Mother [2025] EWHC 364 (Fam) Ms H Markham KC, sitting as Deputy High Court judge, made a wasted costs order against a firm of solicitors. The solicitors had failed to take steps to ensure that…
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