In civil procedure it is often the failure to comply with clear and obvious rules that can cause difficulties or annoyance. We have an example here in the Planning Court (however the rules in question apply to all judicial review…
It is rare that we see a detailed judgment on the reasons why an application has to be adjourned. Here the judge comments on the reasons for the adjournment but also observes that the initial time estimate for the application…
There have been many interesting cases relating to “admissions” on this site. Here we have a intriguing case relating to a solicitor’s dispute with a former member of staff. It involves Tomlin orders which were partially unlawful, admissions and attempts…
Some of the changes being introduced on the 6th April 2026 are relatively niche. However given that they could impact CLB readers who deal with these issues on a regular or “one off” basis I do not like to miss…
Here is a judgment that contains a central irony. The applicant had failed to attend court to be examined about his means and as a result his passport was confiscated. His application to have the passport returned was refused. In…
The webinar on informing the client about the costs of litigation is now available “on demand” and details can be found here. THE REASONS FOR THE WEBINAR Recent Legal Ombudsman decisions show that solicitors’ firms are being ordered…
Here we look at the judge’s assessment of the evidence produced in support of an application that details of the applicant should not be disclosed. The judge held that the evidence was “unspecific” and was not corroborated. There was a…
We are returning to the previous case to look at the second half of the Cost Judge’s decision. Having determined that the bills were statute bills the judge then considered whether there were “special circumstances” which would entitle the claimant…
The issue of whether “interim” bills rendered by solicitors were “statute” bills or “Chamberlain” bills is one that can have profound practical importance. If they are not statute bills then they may be open to a Solicitors Act assessment. If…
Here we have an unusual order under CPR 31.22 (2) made in unusual circumstances. The claimant was precented from sending documents disclosed to in proceedings, and mentioned in open court, to various specified entities. It is a reminder of the…
Here we have a case where the appellants were, initially, allowed to argue a point that had not been argued in the court below. The Court of Appeal was clear in its view that the judge should not have allowed…
Here we are looking at an unusual set of facts in relation to service of the claim form, not least because it led to the issues being considered under the Denton criteria and is a (relatively rare) example of a…
As we shall see there are very strict and precise requirements for pleading libel. There are numerous cases where the claimant has failed to get past the preliminary stages because of inadequate pleadings. We look at such a case here….
We are looking at two more examples of “hallucinated” cases appearing in reported cases. In both cases it was counsel that was presenting the case. (In one case counsel was acting for himself). “The incident does, however, demonstrate vividly the…
There are relatively few judgments in which the law and practice relating to provisional damages are considered in detail. We have such a case here. Further it is an example of the claimant failing to establish provisional damages in relation…
Here we look at a case that illustrates a very basic principle of civil procedure and evidence. It is a case where the claimant was, in essence, disputing the authenticity of several documents. However a basic procedural step had not…
Here we are looking at a failure to plead the claimant’s case as to damages fully. The claimant wanted to advance a claim for “loss of chance” in addition to seeking damages on the balance of probability. The judge rejected…
The series on the “Current importance of pleadings” has now reached 59 posts. There are other posts in the series that are imminent. This webinar looks at issues in relation to drafting statements of case. BOOKING DETAILS Are available…
This is an interesting case both for landlord and tenant lawyers and for those interested in civil procedure. The claimant brings an action for housing disrepair. The defendant made a Part 36 offer of £1,000 for the claimant’s general damages….
Here we have an important decision for litigators, litigation funders, legal insurers and clients. It is a challenge to summarise this case, but it is essential reading nevertheless. Here, as an initial view, is an overview of the funding scheme…
Here we look at a post from March 2016. It raised some comments at the time and followed on from a previous post we have looked at (which in turn led to several comments). It asks the, fairly fundamental, question…
There is no real equivalent to costs budgeting in the Family Court. On the whole this is a “no costs” jurisdiction. However we have something similar here. In essence the judge held that the applicant put forward an unrealistic “budget”…
A new edition of the King’s Bench Guide has been published. There are many useful points for litigators, in particular using CE-FILE, the new email addresses and some corrected links. “The Guide does not have the status of a Practice…
Civil Litigation Brief now has its own LinkedIn page. It is another way of following the posts on this site. Posts will be posted as they are published and it is another way of being able to keep up to…
Here we are returning to a case we looked at yesterday. The judge granted the claimant summary judgment on certain issues. The defendants elected not to attend the application. The defendants were ordered to pay costs on the indemnity basis. …
The recent short series on this site about the Ombudsman and estimates of costs highlighted the issues that can occur when there are disputes over costs and the original figures given by the solicitor. However the Ombudsman is not the…
This case represents an attempt to sidestep the decision in Paul v Royal Wolverhampton NHS Trust [2024] UKSC 1. As we shall see it was not successful. This is one of the first, if not the first, reported case since…
NB THIS PRACTICE NOTE WAS REPLACED ON THE 14th APRIL – BEFORE IT WAS BROUGHT INTO FORCE – IT WAS REPLACED WITH A FURTHER NOTE, SEE THE BLOG POST HERE The Chancellor of the High Court has issued a Practice…
This case gives rise to some interesting procedural issues in relation to applications for summary judgment. The application for summary judgment was made prior to the proceedings being served. This was in breach of the rules, however on the facts…
We have looked at many cases in which judges have been critical of the way in which witness statements are drafted. This case is one of the most clear and extreme examples. The defendant (a firm of solicitors) failed to…
One of the most difficult things to explain to clients and witnesses is that they may well believe they are telling the truth. They may well not be liars. However this does not mean that the court will accept their…
We are looking at another round in the ongoing “costs of medical reporting organisations” series of battles. As the judge anticipated this may well not be the last round. Here I provide a brief summary of the conclusions. A more…
Here we look at a Privy Council decision in a personal injury case. The claimant lost at first instance, the defendant having elected to call no evidence. What is interesting about this case is the constant motif in the judgment…
We are continuing with the practice of looking at summary assessments. These receive relatively little attention, however they can play a large part in the economics of litigation. Here we see some interesting arguments in relation to hourly rates, the…
Does the County Court have jurisdiction to enforce an order for sale when the sums in dispute are more than £30,000? That was the issue considered here. The case is another reminder (if one were needed) about the dangers and…
This is an unusual case where, after the event, a party to the litigation argued that the court had relied on the “wrong” type of expert evidence. An educational psychologist had been instructed as a joint expert whereas what was…
This short series has aimed to highlight the ongoing difficulties that litigators, in particular, can have with giving compliant costs information to their clients. In looking at this topic it is clear that there are numerous cases where clients have…
Establishing causation is a key element of many clinical negligence cases. Here we have a case where the issue of causation was put in two ways: the “but for” test and alternatively the “indivisible injury” test. The claimant did not…
This decision emphasises the fact that when giving costs estimates the solicitor should also do their best to estimate the costs of disbursements in addition to their own costs. Here the solicitor mentioned that there would be additional costs if…
The back to basics point today is based on a recent case which shows the importance of serving the particulars of claim within the four month period allowed for service of the claim form. The claimant served the particulars three…
This is a case where the judge did not accept the views of a jointly instructed expert as to the authenticity of a document that was central to the case. The expert did not have access to all the relevant…
Here we look at the “second half” of the decision considered in the previous post. Having rejected the claimant’s submissions that breaches of a peremptory order should be considered under CPR 3.10 the judge then went on to consider the…
Here we look at an interesting, but eventually futile, about the approach the court should take when a party was in breach of a peremptory order. The claimant in breach argued that the court should consider the matter under CPR…
Here we have a case where the judge made clear findings that a witness had been using “smart glasses” when giving answers to cross-examination in court. It is another example of how technology can be mis-used during the trial process…
The issues raised in the Current Importance of Pleadings series are not new. We see points as to pleading raised in March 2015. Here the judge considered a pleading that “leaves much to be desired.” “The overall result of these…
An earlier post related to this case which deals with the question of whether a party should provide a breakdown of an invoice from a translator. Ben Williams KC has kindly provided me with a copy of the judgment. “In my judgment,…
APPLICATION TO ADDUCE NEW WITNESS STATEMENT ON THE FIRST DAY OF THE TRIAL: DENTON PRINCIPLES APPLIED
A party who serves a witness statement late always has problems. A litigant who tries to introduce a new witness on the morning of the trial has major problems. We have such an application here. Unsurprisingly it did not fare…
We continue with our examination of the Legal Ombudsman’s decisions about costs. The issue here was whether the solicitors were correct to discourage the use of an BTE policy and act privately taking out ATE insurance. “It is expected by…
Here we have an interesting, and important, point about CPR Part 36. Firstly could a defendant establish that a claimant had not beaten a Part 36 offer when that offer dealt with matters that were not part of the pleaded…
Here we are looking at a decision in relation to legal expenses insurance. The solicitor had gone outside the cover of the insurance but not informed the client. The Ombudsman’s conclusions on this issue are not a great surprise… “The…
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