ISSUING AN INJUNCTION MEANS “PROCEEDINGS” ARE UNDERWAY AND THE CLAIMANT HAS TO PAY THE COSTS AFTER IT WAS SET ASIDE: ALLOWING THE CLAIMANT’S ARGUMENTS IN THIS APPEAL WOULD BE AN “AFFRONT TO COMMONSENSE”
Here we look at an ingenious argument about the meaning of “proceedings” and the costs consequences if a claimant has an injunction order set aside. The claimant argued that the nature of the action he pursued did not amount to…
UPDATED VERSION OF THE CHANCERY GUIDE: A USEFUL LINK
The Chancery Guide was updated earlier this month. Here we look at the Practice Note and have a link to the updated Guide itself. FINDING THE LINK The Practice Note that accompanies it gives a link to the Guide itself…
THE “CONDUCT OF LITIGATION” CASE CONTINUED: WHY THE CIRCUIT JUDGE ERRED AS TO COSTS: FIXED COSTS APPLIED IN ANY EVENT
We are returning to a case we have looked at several times already. This time on the question of costs. Since the appellants were successful the costs order against them was overturned. However it was held that the judge erred…
A DECISION OF PROFOUND PRACTICAL IMPORTANCE TO SOLICITORS: WHEN IS SOMEONE EMPLOYED BY A SOLICITOR ENTITLED TO “CONDUCT” LITIGATION? A HIGH COURT DECISION THAT WILL HAVE WIDESPREAD RAMIFICATIONS
We are looking at a High Court decision that could have major ramifications for the way in which firms of solicitors organise their practices. In particular in relation to the qualifications of staff who conduct litigation, what is meant by…
COST BITES 290: BARRISTERS TAKE CARE: ANOTHER REASON THE DBAS WERE INVALID – FAILURE TO INCLUDE COUNSEL’S FEES IN THE EQUATION…
We are continuing with our consideration of Damages-Based Agreements that were found to be unlawful. This time the judge considered the position in relation to counsel’s fees and the Regulations. The judge held that the attempt to charge counsel’s fees…
WHICH TRACK IS BEST? THE RULES, CASES AND GUIDANCE: ALLOCATION – SMALL CLAIMS OR FAST TRACK IN HOUSING DISREPAIR CASES: WEBINAR 10th SEPTEMBER 2025
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…
MEMBER NEWS: “ON DEMAND” CIVIL LITIGATION BRIEF WEBINARS AVAILABLE TO WATCH AT A TIME AND PLACE TO SUIT YOU: WITH DISCOUNTS FOR CLB MEMBERS
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…
COST BITES 279: COSTS AWARDED IN WHAT IS NORMALLY A “NO COSTS” JURISDICTION: THE FIRST TIER TRIBUNAL (PROPERTY CHAMBER)
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…
COST BITES 276 : A SUMMARY ASSESMENT IN ACTION: COSTS AFTER AN ARGUMENT ABOUT COSTS… THE COURT WOULD NOT IMPOSE A COSTS CAP – LOWER THAN THE FIGURE ARGUED FOR ON APPEAL
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…
ANONYMITY AND REPORTING RESTRICTIONS IN CIVIL CASES (2): THE PROCESS THAT JUDGE’S SHOULD FOLLOW WHEN CONSIDERING THESE ISSUES
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…
COST BITES 275: APPELLANT SUCCESSFUL IN PUTTING LOCAL AUTHORITY RECEIVING PARTIES TO THEIR ELECTION IN RELATION TO CCFAS
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…
WHAT TIME IS SERVICE BY EMAIL DEEMED TO ARRIVE ON “THE SAME WORKING DAY”? AN ISSUE THAT HAD IMPORTANT CONSEQUENCES IN THIS CASE
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…
A FASCINATING AND IMPORTANT JUDGMENT: WHEN CAN A NOTICE BE SERVED BY EMAIL? AT WHAT TIME CAN IT BE SERVED? ALSO – SOMETHING ABOUT NOTICES OF DISCONTINUANCE AND QOCS
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…
YOU CANNOT USE A REQUEST FOR EDITORIAL CORRECTIONS OF A DRAFT JUDGMENT TO SEEK TO RE-OPEN THE WHOLE CASE: THERE’S NO VCR HERE…
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. …
ALLOCATION TO THE SMALL CLAIMS TRACK OR FAST TRACK IN HOUSING CASES 3: WEBINAR 10th SEPTEMBER 2025
Earlier today we have looked at two appeals in relation to allocation in housing disrepairs. Each appeal was successful for different reasons. My involvement in one of the appeals has led me, along with Steve Cornforth, a webinar on Allocation…
ALLOCATION IN HOUSING DISREPAIR CASES 2: CLAIMANT’S APPEAL ON ALLOCATION SUCCESSFUL: DISTRICT JUDGE WAS WRONG IN THEIR VIEW OF LIKELY AWARD OF DAMAGES
This is the second case on allocation in housing cases we are looking at today. The result was the same – the judge allowed the claimant’s appeal against allocation to the Small Claims Track. However the route to success was…
ALLOCATION IN HOUSING DISREPAIR CASES: AN APPEAL JUDGMENT OVERTURNING REFERENCE TO THE SMALL CLAIMS TRACK
Here we look at a judgment where a decision to allocate a housing disrepair case to the Small Claims Track was overturned on appeal. (This is the first of two cases we will look at today). The judgment is useful…
COST BITES 272: CLAIMANTS ORDERED TO PAY SOME OF A DEFENDANT’S COSTS IMMEDIATELY, PRIOR TO JUDGMENT BECAUSE OF THE WAY IN WHICH THE TRIAL WAS CONDUCTED
Last week we had a judge discussing the “pay as you go” principle in litigation. Here we have a slight extension of that principle with the judge deciding that the claimants’ conduct of the the trial meant that they should…
COST (MEGA) BITES 370 : WE WANT AN INTERIM PAYMENT ON COSTS OF £3.75 MILLION – BUT WE DON’T WANT TO GIVE A DETAILED BREAKOWN OF WHY: COURT OF APPEAL CONSIDERS THE ISSUES
It is rare for the Court of Appeal to give a detailed judgment on costs. It is even rarer for it to consider the principles relating to interim payments on account of costs. This is what we are looking at…
PAYING BACK DAMAGES AND COSTS AFTER A SUCCESSFUL APPEAL: WHAT IS THE APPROPRIATE RATE OF INTEREST?
It is extremely painful, when a party has won at trial, to have to pay damages back after a successful appeal. The lawyers find it equally painful to have to repay costs. To rub salt into the wounds the successful…
EXPERT WATCH 10: CLAIMANT UNSUCCESSFUL ON APPEAL IN ATTEMPTING TO OVERTURN THE TRIAL JUDGE’S PREFERENCE FOR THE DEFENDANT’S EXPERTS: “THE IRREDUCIBLE FACT IS IS THAT THE JUDGE ACCEPTED THE EXPERT EVIDENCE OF THE RESPONDENT’S KEY WITNESS AND PREFERRED TO OVER THE EVIDENCE OF THE APPELLANT’S KEY EXPERT WITNESS”
There are relatively few cases where a party appeals on the basis that trial judge was wrong to accept the evidence of one party’s expert witness in preference to the other. There are even fewer cases where such an appeal…
COST BITES 268: NO STAY OF AN ORDER THAT A SOLICITOR RESPOND TO PART 18 QUESTIONS: A COSTS ASSESSMENT IN ACTION
It is always interesting when we get to see “round 2” of a decision in relation to an application and appeal. It is even more interesting when we see the costs orders made and the figures involved. This case has…
COST BITES 266: THE DEFENDANT WHO OBTAINED AN ORDER FOR INDEMNITY COSTS IN HER FAVOUR AND STILL ENDED UP CONSIDERABLY OUT OF POCKET: PART 36 OFFERS IN THE ASSESSMENT PROCESS: PLUS – “COSTS CAPPING” CONSIDERED – AND REFUSED
We are looking at a case where a defendant successfully defended an application to commit, was awarded indemnity costs and yet ended up considerably out of pocket. It shows the importance of a well judged Part 36 offer by the…
COST BITES 265: THE PERILS OF WORKING UNDER A CFA: THE COSTS JUDGE CORRECTLY ASSESSED COSTS AT NIL: THE DEFENDANT WAS ENTITLED TO TAKE A POINT THAT WAS NOT TAKEN AT AN EARLIER HEARING: THEY WERE SIMPLY FOLLOWING THE COURT’S ORDERS
Here we have a case that could well bring tears to the eyes of any litigator who works on a conditional fee basis. For the second time, on appeal, the claimant solicitor’s costs have been unsuccessful. The defendant former client…
COST BITES 263: QOCS AND CLAIMS AGAINST THE POLICE – A SIMILAR ISSUE TO YESTERDAY BUT WITH A TOTALLY DIFFERENT RESULT (NO ONE EVER SAID LITIGATION WAS EASY…)
Yesterday we looked at a case where, on appeal, the judge indicated that he would set aside a costs order made against the claimants who had brought an action against the police. The claimants had QOCS protection. Today we look…
COST BITES 262: THE CLAIMANTS SHOULD NOT HAVE BEEN ORDERED TO PAY COSTS IN A “MIXED” CLAIM AGAINST THE POLICE
Here we are looking at issues relating to costs in an action that included a claim for personal injury but also included other elements. The question the appellate judge had to decide was whether the trial judge had applied the…
“INADEQUATE REASONS” IN CIVIL JUDGMENTS: THE COURT OF APPEAL PROVIDES A PRIMER FOR JUDGES (AND SOME IMPORTANT POINTS FOR THE REST OF US)
Here we look at a Court of Appeal decision last week on inadequate reasons given in judgments. This has major practical implications for judges and practitioners. Appeals because of “inadequate” reasoning are those that are the most unfair to all…
COST BITES 259: COSTS FOLLOWING AN APPEAL : SHOULD COSTS BE ON THE INDEMNITY BASIS? WAS THIS A “HEAVY” CASE? SUMMARY ASSESSMENT IN ACTION
It is always interesting to look at the awards that are actually made following an assessment of costs. Whilst each case is fact specific it is possible for litigators to pick up important points. Here we have a consideration of…
WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION 2025: WEBINAR 4th AUGUST 2025
One of the most aggravating things to read about in the legal press are those cases where people get into serious disciplinary trouble after having made a procedural or other mistake. It is not the mistake that has caused their…
WHEN A SOLICITOR FORGETS TO SIGN AN IMPORTANT PART OF AN APPEAL DOCUMENT: CAN CPR 3.10 SAVE THE DAY? A TRICKY POINT TO WATCH IN FORM N161
CPR 3.10 is a rule often asked to so some “heavy lifting” by applicants who have not complied with the rules or court orders. Sometimes it is not capable of handling the load, particularly in relation to issues surrounding service…
MEMBER NEWS: MORE ON THE “BACK CATALOGUE 2”: THE FIRST 100 POSTS ON “PROVING THINGS”: “IF YOU DON’T PROVE IT YOU DON’T GET IT”
The “Proving things” series has proven to be very resilient and very long lasting. It started in February 2016 and, as of today, there are 267 posts under this heading. More often than the matters covered relate to “not proving…
“HALLUCINATED CASES” LEAD TO PARTY SUCCEEDING AT FIRST INSTANCE: THE COURT OF APPEALS OVERTURNS THE DECISION – BUT RESPONDENT RELIED ON ANOTHER HALLUCINATED CASE IN AN ATTEMPT TO OBTAIN COSTS…
Here we look at another case where a party to litigation relied on “hallucinated” cases – created by Artificial Intelligence. The impact of those cases here were potentially more profound in that a party’s case – based on those false…
WHAT IMPACT DOES A MAJOR DELAY IN HANDING DOWN A JUDGMENT HAVE ON THE APPPEAL COURT’S APPROACH TO A JUDGMENT AND FINDINGS OF FACT? THE ISSUES CONSIDERED
The period when you are waiting for a reserved judgment is always a time of tension and anxiety. If the judgment is subject to a severe delay then the disappointed (losing) litigant in particular may feel particularly aggrieved. How should…
THE CURRENT IMPORTANCE OF PLEADINGS 24: COURT OF APPEAL CONSIDERS WHEN A TRIAL JUDGE CAN GO OUTSIDE THE PLEADED CASE: THERE IS A SPECTRUM
In this judgment today the Court of Appeal consider, in detail, whether it is appropriate for a judge to go outside the pleaded case. The judgment provides guidance for the practice to be adopted if the judge feels that they…
“LESS IS MORE” WHEN DRAFTING NOTICES OF APPEAL: THE “KITCHEN SINK” APPROACH DOES NOT PERSUADE THE COURT OF APPEAL TO GRANT PERMISSION
When a Lord Justice of Appeal looks at a notice of appeal and skeleton and refers to a “kitchen sink” approach, we can probably surmise that a proposed appellant is going to have some difficulty here. When of their colleagues…
IF A CLAIMANT ISSUES AND LITIGATES WHEN THEY DO NOT HAVE CAPACITY – ARE THEY LIABLE FOR THE COSTS INCURRED? COURT OF APPEAL SCRUTINISES EXPERT EVIDENCE AND FINDS IT WANTING
Yesterday we looked at issues relating to the capacity of a solicitor’s client and their consequent liability to pay costs. Today we look at a case about inter partes costs. If a claimant brings proceedings but does not, in fact,…
ACTION STRUCK OUT BECAUSE CLAIMANT FAILED TO COMPLY PROPERLY WITH AN UNLESS ORDER FOR DETAILS OF FUNDING: DECISION UPHELD ON APPEAL
Here we look at a case where the Court of Appeal upheld a decision that the claimant had failed to comply with the terms of a peremptory order. The action was, therefore, struck out. It is a salutary and important…
WHEN CAN A JUDGE HEAR AN ISSUE THAT IS NOT “LISTED”? THE ISSUES CONSIDERED IN THE HIGH COURT
If an action is listed for hearing on a specific issue when can the judge hear, and make an order in relation to a different issue? This is an issue considered in the case we are looking at here. The…
COST BITES 251: POINTS OF DISPUTE MUST BE PROPERLY PARTICULARISED OR THEY WILL BE STRUCK OUT: HIGH COURT DECISION TODAY CONSIDERED
There have been a number of cases now where the courts have considered the obligations on a party filing Points of Dispute to a bill of costs. In particular the need to be particular. Those obligations are considered in detail…
CLAIMANT COMES TO GRIEF BECAUSE OF A WHOLLY SELF-IMPOSED PROBLEM: SUBSTITUTING A DEFENDANT WHEN THE ACTION HAS BEEN DISCONTINUED – LEADS TO MAJOR PROBLEMS
There have been some interesting cases on this site recently relating to the substitution of parties. However none of them are as peculiar as the case we are looking at here – where the claimant’s problems were primarily self-inflicted. The…
COST BITES 250: SHOULD THE CLAIMANT’S SOLICITOR BE ENTITLED TO RECOVER A FULL SUCCESS FEE AND THE ATE PREMIUM? A DECISION MADE ON APPEAL
We are looking at a decision made on appeal in relation to the very common issue of the percentage of a success fee and the taking out, and subsequent deduction from damages, of an After the Event Insurance policy. The…
SECOND (AND THIRD) APPLICATIONS FOR RELIEF THAT ARE, ESSENTIALLY, FOR THE SAME THING NOT ALLOWED TO PROCEED: THE APPLICATIONS WERE ABUSIVE
Here we are looking at a case where defendants, debarred from defending an action, made consecutive (and ultimately fruitless) applications to vary the orders that caused them to be debarred and several applications for relief from sanction. The court was…
IF YOU ARE GOING TO CRITICISE AN EXPERT THIS MUCH YOU SHOULD HAVE RAISED IT AT THE CASE MANAGEMENT HEARING: HIGH COURT REJECTS EACH PARTY’S ATTACKS ON OPPONENT’S EXPERTS
We have seen plenty of cases where the courts have not been slow in their criticism of expert witnesses. Here we have a different situation where the judge was critical of the attacks, by each party, on the credibility of…
HOW SHOULD THE COURT EXERCISE ITS DISCRETION TO CASE MANAGE ACTIONS ONCE PART 8 PROCEEDINGS ARE ISSUED UNDER THE PAP? COURT OF APPEAL GIVES CLEAR GUIDANCE
Having determined that the court does have jurisdiction to case manage actions issued under Part 8 the Court of Appeal went on to make some trenchant observations in relation to avoiding the possibility of delay. (Applications to extend a stay…
PROVING THINGS 267: COURT OF APPEAL OVERTURNS FINDING THAT COUNCIL HAD ESTABLISHED ITS STATUTORY DEFENCE: SOME VERY IMPORTANT POINTS HERE ABOUT THE USE OF STATEMENTS PUT TO WITNESSES AND JUDICIAL FACT FINDING
Here we are looking at an important decision of the Court of Appeal. On the face of it it is about a defendant’s failure to prove a statutory defence. However, perhaps more significantly, it is about evidence, the impact of…
COST BITES 247: SHOULD A SOLICITOR RESPOND TO PART 18 QUESTIONS ABOUT THE PAYMENT OF COMMISSION? THE HIGH COURT CONSIDERS THE POINT TODAY
Here we are looking at another round in the solicitor-own client assessment war of attrition. The question was whether a solicitor, in a solicitor and own client assessment, should reply to Part 18 requests for further information about premiums paid…
A COUNTERCLAIM WAS CORRECTLY STRUCK OUT AFTER A CLAIM WAS STRUCK OUT FOR DELAY: “APPROBATING”, “REPROBATING” AND “TECHNICAL WAREHOUSING” CONSIDERED
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…
IS THIS APPEAL “ACADEMIC” AND SHOULD IT BE ALLOWED TO PROCEED? COURT OF APPEAL DONS ITS THINKING CAP…
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…
PERSONAL INJURY POINTS 9 : COURT OF APPEAL CONSIDER ISSUES OF LIABILITY FOR INJURIES CAUSED IN A RUGBY MATCH: WHAT IS THE APPROPRIATE LEGAL TEST?
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…
IF YOU DISCONTINUE AN ACTION THEN YOU’RE (NORMALLY) BE GOING TO PAYING THE COSTS: THE HIGH BURDEN IMPOSED IN AN APPEAL AGAINST A DECISION AS TO COSTS
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…
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