AN UNUSUAL SERVICE OF THE CLAIM FORM CASE: COURT GRANTS AN EXTENSION OF TIME IN JUDICIAL REVIEW PROCEEDINGS AGAINST THE CORONER
In Whittle v HM Coroner for North West Wales [2025] EWHC 236 (Admin) the Administrative Court dealt with an issue relating to failure to serve the claim form in time. The Court found a solution. However the judgment is important…
THIS ACTION IS GOING TO YORKSHIRE: CHOICE OF LONDON LAWYERS DOES NOT DRIVE CHOICE OF VENUE
In SK Enterprises (UK) Ltd, R (On the Application Of) v Secretary of State for the Home Department (Re Determination as to Venue) [2025] EWHC 237 (Admin) Mrs Justice Hill held that an action in the Administrative Court should be…
FUNDAMENTAL DISHONESTY AND “WITHOUT PREJUDICE” CORRESPONDENCE: JUDGE HOLDS THAT CLAIMANT’S OFFER OF SETTLEMENT WAS ADMISSIBLE
In Morris v Williams [2025] EWHC 218 (KB) District Judge Dodsworth considered the question of whether a letter from the claimant’s former solicitor, which contained proposals by the claimant to settle allegations of fundamental dishonesty, could be adduced as evidence. …
DENTON DID NOT APPLY TO THE DEFENDANT’S APPLICATION FOR AN EXTENSION OF TIME: HOWEVER – CONSIDERING THE OVERRIDING OBJECTIVE – THE APPLICATION WAS REFUSED
In Bailey & Ors v GlaxoSmithKline UK Ltd [2025] EWHC 186 (KB) Mr Justice Bourne considered whether the defendant should have an extension of time. The judge considered whether the “Denton” principles apply to the defendant’s application and if not…
SERVICE OF THE CLAIM FORM: THE CORRECT ADDRESS ON THE ENVELOPE AND THE “LAST KNOWN RESIDENCE” CONSIDERED BY THE HIGH COURT
In Xenfin Fund 1 Trading Ltd v GFG Ltd & Ors [2025] EWHC 172 (Ch) Joanna Wicks KC (sitting as a Deputy High Court Judge) considered two issues relating to service of the claim form. Firstly whether a slightly wrong…
WHEN A PARTY CITES, AND RELIES, ON CASE LAW THAT “DOES NOT EXIST” :”A MOST UNHAPPY FEATURE OF THIS CASE”
There is a very unusual element to the judgment of Mr Justice Kerr in Olsen & Anor v Finansiel Stabilitet A/S [2025] EWHC 42 (KB). The appellants, litigants in person, relied on case law that apparently supported their case. That…
“THIS CASE …HAS COME BEFORE THIS COURT IN SUCH A DISORDERED AND CHAOTIC STATE THAT IT IS SIMPLY IMPOSSIBLE TO PROCEED IN A FAIR WAY
In T v T & Ors (Disregard for Procedural Rules, Adjournment) [2025] EWFC 14 (B) Recorder Chandler KC set out a large number of matters on which the applicant had failed to comply with the rules. It is a judgment…
AN INSURER CAN CONTINUE AN APPEAL AFTER THE APPELLANT HAS BEEN DISSOLVED: JOIN ITSELF INTO THE ACTION
The Court of Appeal decision in Birley & Anor v Heritage Independent Living Ltd [2025] EWCA Civ 44 also dealt with an interesting point of procedure. The appellant company had been dissolved shortly before the appeal was heard. The Court of…
FAILING TO SERVE THE CLAIM FORM IS NOT AN “ABUSE OF PROCESS” SO AS TO LEAD TO QOCS BEING DISAPPLIED: COURT OF APPEAL DECISION
We are returning to the decision of the Court of Appeal in Court of Appeal in Birley & Anor v Heritage Independent Living Ltd [2025] EWCA Civ 44. The Court upheld a finding that the failure to serve the claim form, or…
AN APPLICATION – AND ORDER – FOR A STAY OF PROCEEDINGS DOES NOT LEAD TO TIME FOR SERVICE OF THE CLAIM FORM BEING EXTENDED: A POINT TO WATCH
It was possible that we could get to the end of January without a claim form case being reported. It was, however, unlikely. A failure to serve was one of the many issues considered by the Court of Appeal in…
INSURER FAILS IN COMMITTAL PROCEEDINGS AFTER A COURT HAD EARLIER MADE FINDINGS OF FUNDAMENTAL DISHONESTY TO THE CRIMINAL STANDARD: MANY TROUBLING THINGS HERE
In Aviva Insurance Ltd v Nadeem & Anor [2024] EWHC 3445 (KB) HHJ Tindal (sitting as Judge of the High Court) dismissed an action for committal against someone who had been found to be fundamentally dishonest at a personal injury…
ADVOCACY – THE JUDGE’S VIEW XIV: “RAMBO TACTICS” DO NOT WORK (NEITHER DO THREATENING YOUR OPPONENT WITH A PROCTOLOGY EXAMINATION OR MAKING FACES AT THE JUDGE…)
Continuing with revisiting guidance from judges in relation to advocacy. Here I advocate (hopefully in a civil way) learning from one judgment. That is the judgment of District Judge Chin in the extraordinary case of Revson -v- Cinque & Cinque in…
TERMS OF SETTLEMENT WITH OTHER CLAIMANTS INADMISSIBLE AT TRIAL: “THE NEED TO PROMOTE THE POLICY TO ENCOURAGE SETTLEMENT IN ALL CASES”
In Omanovic v Shamaazi Ltd & Anor [2025] EWHC 110 (KB) Mr Justice Martin Spencer granted the defendants’ application that the terms of settlement with two claimants were inadmissible in the trial of the remaining claimant. On the facts of…
COST BITES 209: A CLIENT’S CHALLENGE TO THE DEDUCTION OF THEIR OWN SOLICITOR’S COSTS WAS THIS A CFA OR A DBA: WAS THE SOLICITOR OBLIGED TO OFFER A DBA?
We are continuing with the examination of the judgment of Cost Judge Rowley Perrett v Wolferstans LLP [2025] EWHC 68 (SCCO). Here the judge considered (and rejected) that claimant’s [former client’s] argument that the CFA entered into with the solicitor was…
COURT REFUSES PERMISSION TO RELY ON EXPERT EVIDENCE: AN “INAPPROPRIATE DISTRACTION”: A REPORT WAS “IN FACT LEGAL ARGUMENTS DRESSED UP AS ECONOMIC EXPERTISE”
In Kington SARL v Thames Water Utilities Holdings Ltd (Rev1) [2025] EWHC 84 (Ch) Mr Justice Trower rejected the applicant’s application to rely on expert evidence. The proposed expert report was to “uncertain” and, in any event, unlikely to assist…
AVOIDING THE PITFALLS IN SERVICE OF THE CLAIM FORM: WEBINAR 4th FEBRUARY 2025: CAN YOU AFFORD TO MISS IT?
Every year this blog covers numerous cases where claimants (and occasionally defendants) come to grief in relation to service of the claim form. The frustrating issue in relation to service issues is that most (if not all) of the problems…
COST BITES 207: THE BREAKDOWN OF EXPERT FEES WHEN AN AGENCY IS INVOLVED (AGAIN): THE RECEIVING PARTY, APPLES AND PEARS AND AN ELECTION HAS TO BE MADE
In JXX v Archibald [2025] EWHC 69 (SCCO) Costs Judge Rowley considered the – much debated and litigated – issue of whether there needs to be breakdown of an expert’s fee when the expert is instructed through an agency. The…
COST BITES 206: THE COURT WOULD NOT MAKE A SUBSTANTIAL ORDER FOR COSTS WHEN AN AMENDMENT TO A REPLY ABANDONS AN ALLEGATION OF FRAUD: (ALSO THE DANGERS OF PLEADING FRAUD WITHOUT SUBSTANTIVE EVIDENCE TO SUPPORT THIS)
In Packer v Packer [2025] EWHC 27 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) considered issues of costs after a claimant had amended a Reply to withdraw an allegation of fraud. The judge did not accept the…
CAN A CLAIMANT WHO HAS ISSUED PART 8 PROCEEDINGS FOR APPROVAL OF AN INTERIM PAYMENT BE COMPELLED TO TRANSFER THE ACTION TO PART 7: THE COURT THINKS NOT
I am grateful to Chris Barnes KC for allowing me to rely on his note of a post he put on LinkedIn yesterday. It relates to the question of whether a court can “convert” Part 8 proceedings issued for the…
COURT GRANTS DEFENDANT’S APPLICATION FOR AN ADJOURNMENT DUE TO THE ILLNESS OF LEADING COUNSEL
In Manchester Property Development Holdings & Anor v Kuit Steinart Levy LLP [2025] EWHC 35 (Comm) Dame Clare Moulder DBE granted the defendant’s application for an adjournment of an imminent trial because Leading Counsel became unexpectedly ill. There was insufficient…
ADVOCACY THE JUDGE’S VIEW XI: ADVOCACY BEFORE THE MASTERS: YOU ARE DEALING WITH EXPERTS AND TIMING IS IMPORTANT
Today we are revisiting an article by Master David Cook “Advocacy before the QB Masters – Some Do’s and Dont’s” and it reminded me why I wrote the original series. These are invaluable sources of advice and information. Appearing before Masters…
COST BITES 205: THE COURT CAN CHANGE ITS MIND AFTER MAKING AN ORDER ON THE PAPERS: THE DANGERS OF “ETERNAL GAMES OF PING PONG”
In Smith v McAlpine [2024] EWHC 3408 (KB) Senior Master Cook varied an order for costs that had been made after an application had been considered on the papers. After considering further submissions he found that his original order, that…
BITCOINS IN THE TIP: DEFENDANT COUNCIL GRANTED SUMMARY JUDGMENT: CLAIMANT’S ARGUMENT ON LIMITATION DESCRIBED AS “DESPERATE”
In Howells v Newport City Council [2025] EWHC 22 (Ch) HHJ Keyser KC granted summary judgment to the defendant council in an unusual case. The claimant was seeking to recover a computer hard drive which had been put in the…
MAKING AN APPLICATION FOR RELIEF FROM SANCTIONS? 10 KEY POINTS TO HELP
Periodically I revisit posts on this blog to see whether they remain of relevance – this post (from January 2016) does. It sets out ten key points in making an application for relief from sanctions. Every point made nine years…
ADVOCACY THE JUDGE’S VIEW X: A RECAP OF THE POINTS SO FAR: 10 KEY POINTS FROM AROUND THE WORLD
Carrying on with our revisiting this series we are having a short recap. Here were look at 10 key pieces of advice arising from the series so far. (There are plenty more to come). 1. ADVICE FROM CANADA – MANNERS…
“DICING WITH PROCEDURAL DEATH” AND SERVICE OF THE CLAIM FORM: TEN SIMPLE POINTS TO MAKE LIFE EASIER
Last year saw another – large – batch of cases relating to service of the claim form. Mistakes continue to be made and things have not changed much over the years. Below is a revised post first written ten years…
SEEKING PERMISSION TO APPEAL: WHEN IS THERE AN “ADJOURNED HEARING”? THE ISSUES CONSIDERED
The question of when a hearing has been adjourned and when time starts running for applying to the trial judge for permission to appeal was considered by Mr Justice Freedman in Mex Group Worldwide Limited v Stewart Owen Ford & Ors [2024]…
HAPPY NEW YEAR: THE NEW SOLICITORS’ GUIDELINE HOURLY RATES FOR 2025
January 1st sees the introduction of the indexed hourly rates. They are published on the Gov.UK website here. THE RATES FOR 2025 Grade Fee earner London 1 London 2 London 3 National 1 National 2 A Solicitors and…
CIVIL LITIGATION BRIEF IN 2024: SOME FACTS AND FIGURES
As 2024 draws to a close this is a good time to look back at the year in terms of civil procedure. There have been 463 posts to date this year amounting to 938 thousand words (I haven’t counted them…
CLAIM WAS ISSUED PROPERLY IN THE HIGH COURT, EVEN THOUGH IT WAS SENT TO THE WRONG OFFICE
In Lawrence, R (On the Application Of) v London Borough of Croydon [2024] EWHC 3061 (Admin) Mr Justice Linden dismissed the defendant’s application to strike out a claim on the basis that it had not been brought in time. The…
“PROFESSIONALISM DEMANDS THAT LAWYERS PICK THEIR BATTLES WISELY”: JUDGE GRANTS EXTENSION AND ORDERS THE LAWYERS TO GO TO LUNCH TOGETHER…
Coming to the end of the year, and with Christmas nearly upon us, all lawyers could benefit from reading the judgment of Chief U.S. District Judge David Proctor in McCullers v. Koch Foods of Ala., LLC in 2024 WL 4907226…
APPLICATION FOR PRE-ACTION DISCLOSURE AGAINST A GOLF CLUB GETS A FAIRWAY: THERE MAY BE NO NEED TO TEE OFF: THIS COULD WELL AVOID PROCEEDINGS
In Dennis & Ors v Queenwood Golf Club Ltd [2024] EWHC 3191 (Ch) Mr Justice Miles granted pre-action disclosure of some of the documents sought by the claimants. What is noticeable in the judgment in the judge’s view that early…
COURT GIVES SUMMARY JUDGMENT FOR DEFENDANT EMPLOYER IN COVID 19 CASES: SAYING “SOMETHING WILL TURN UP” IS NOT SUFFICIENT
NB THIS DECISION WAS OVERTURNED ON APPEAL SEE Mark Edwards & Ors v 2 Sisters Food Group Limited [2025] EWHC 1312 (KB) AND THE DISCUSSION ON THIS BLOG HERE In Edwards & Ors v 2 Sisters Food Group Ltd [2024] EWCC 21…
ACTIONS OF TWO CLAIMANTS STRUCK OUT BECAUSE THEIR WITNESS STATEMENTS WERE IN ENGLISH AND THEY COULD NOT SPEAK ENGLISH: “THE SOLICITORS HAVE NOT DONE THEIR DUTY APPROPRIATELY”
We are returning to the judgment of Mr Justice Martin Spencer in Rashpal Samrai & Ors v Rajinder Kalia [2024] EWHC 3143 (KB). More accurately we are looking at a preliminary judgment in the case which appears as an annexe to…
COURT OF APPEAL FIND THAT CLAIMANT’S ACTION AGAINST “WRONG” DEFENDANT SHOULD NOT HAVE BEEN STRUCK OUT: PERMISSION TO AMEND THE CLAIM SHOULD HAVE BEEN GIVEN
I am grateful to barrister James Patience for sending me a copy of the Court of Appeal judgment in ELYSA ALTON and – POWSZECHNY ZAKLAD UBEZPIECZEN [2024] EWCA Civ 1435. The Court of Appeal upheld the decision of a Circuit…
COST BITES 200: THE COURT WOULD NOT DEFER THE PAYMENT OF COSTS FOLLOWING AN INTERIM HEARING
In Brierley v Howe & Anor (Re Costs – 36 Bourne Street Ltd) [2024] EWHC 2983 ICC Judge Barber rejected a petitioner’s argument that payment of costs following an interlocutory hearing should be delayed or deferred. The judgment is a…
COST BITES 199: HIGHER LONDON RATE CAN BE USED FOR A SPECIFIC APPLICATION, EVEN IF LOWER RATES MAY APPLY LATER
The judgment of ICC Judge Barber in Brierley v Howe & Anor (Re Costs – 36 Bourne Street Ltd) [2024] EWHC 2983 (Ch) raises the interesting question as to whether the complexity of an application should lead to the solicitor’s…
ITS NOT TOO LATE IN THE YEAR FOR “CLAIM FORM” CASES: JUDGE ALLOWS APPEAL AND GRANTS CLAIMANT EXTENSION OF TIME TO SERVE THE PARTICULARS OF CLAIM: CPR 3.9 & DENTON DID NOT APPLY
I am grateful to solicitor Chris Topping of Broudie Jackson Canter for sending me a copy of the judgment of HHJ Bird in Brown -v- the Chief Constable of Greater Manchester Police (5th December 2024). The judge allowed an appeal against the…
THE USE OF INTERMEDIARIES IN CIVIL CASES: APPLICATION TO RELY ON INTERMEDIARY REFUSED: NO PERMISSION WAS NEEDED AND THE EXTENT OF THE CLAIMANT’S VULNERABILITY WAS UNCLEAR
In CXC v Clarke & Anor [2024] EWHC 3138 (KB) HHJ Bird dismissed the claimant’s application for permission for an intermediary be appointed to report to the court. The judge held that there was no requirement for permission. The application…
CASE STRUCK OUT FOR FAILURE TO COMPLY WITH UNLESS ORDER: APPLICATION TO ADJOURN TO ALLOW RELIEF FROM SANCTIONS APPLICATION REFUSED: DENTON CRITERIA CONSIDERED
In Gladwin v RSM UK Restructuring Advisory LLP [2024] EWHC 3054 (Ch) ICC Judge Barber held that the claimant’s case was struck out because of a failure to comply with a peremptory order. The judge refused the claimant’s application to…
FAILING TO SERVE A SEALED CLAIM FORM; FAILING TO SIGN THE STATEMENT OF TRUTH; VERY LATE APPLICATION FOR RELIEF
In Randall, R (On the Application Of) v [2024] EWHC 2924 (Admin) Mrs Justice Lang held that the court had no jurisdiction to hear a judicial review application because a sealed claim form had never been served. Further the claimant…
THIS IS NOT EXPERT OPINION BUT “ARGUMENTS” SAYS THE JUDGE: PERMISSION TO RELY ON EXPERT NOT GIVEN
In Norman v N & CJ Horton Property [2024] EWHC 2994 (Ch) Master Clark found that proposed “expert evidence” was not evidence at all but simply opinions. The person preparing the report was not allowed to give expert evidence on…
CLAIMANT BEATS HIS OWN “NON MONETARY” OFFER: PART 36 CONSEQUENCES FOLLOW: INDEMNITY COSTS BECAUSE OF CONDUCT
In Grierson v Grierson [2024] EWHC 3048 (Ch) Joanne Wicks KC (sitting as a Deputy Judge of the High Court) found that a claimant had made a Part 36 offer which the defendant had failed to beat. The offer was…
“COMPUTER SAYS NO”: JUDGE MAKES TRENCHANT OBSERVATIONS ON LOCAL AUTHORITY’S WITNESSES: SOMETHING THE COUNCIL TAX PAYERS OF WAKEFIELD MAY WISH TO READ
I am always reluctant to invade the patch of the many erudite family law bloggers. However I read the judgment of HHJ Trotter-Jackson in Wakefield Metropolitan District Council v A & Ors [2024] EWFC 345 (B) and concluded that it…
COST BITES 198: YET ANOTHER ROUND IN THE MEDICAL REPORT/AGENCY FEE SAGA: CLAIMANT ORDERED TO PROVIDE A BREAKDOWN OF THE BILL
Hot on the heels of publishing the previous post in relation to the judge’s refusal to order a breakdown of the agency fees involved in a medical report I received a copy of a case from Ben Millns of Kennedys. …
COST BITES 196: COSTS IN A FAMILY CASE: “EVERY POUND THEY SPEND FIGHTING EACH OTHER IS A POUND THAT WILL NOT BE AVAILABLE FOR THEM AND THEIR CHILDREN”
In LI v FT (Maintenance Pending Suit: Costs) [2024] EWFC 342 Deputy District Judge Harrop made some important remarks in relation to the amount spent in bringing, and defending, an application for maintenance spending suit. “I am dismayed by what…
CLAIMANT’S APPLICATION FOR AN ANONYMITY ORDER REFUSED: THE APPLICATION WAS TOO LATE: IMPORTANT ISSUES CONSIDERED BY THE HIGH COURT
I am grateful to barrister Leslie Keegan for sending me a copy of the judgment of Mr Justice Nicklin in PMC -v- A Local Health Board [2024] EWHC 2969 (KB). It deals with important issues relating to the making of…
THE JUDGE SHOULD HAVE GRANTED AN ADJOURNMENT OF THE TRIAL: STRIKING OUT OF THE ACTION WHEN CLAIMANT DID NOT ATTEND THE PTR OVERTURNED ON APPEAL
The judgment of Mrs Justice Hill in Attaei v Alsharif & Ors [2024] EWHC 2972 (KB) is the second case this month where an appeal has been allowed against a refusal to grant an adjournment. In this case, however, the…
DEFENDANT COULD NOT PLEAD MATTERS THAT WERE INCONSISTENT WITH THE JUDGMENT: QUITE A TALE HERE…
In Tait v Torbay and South Devon NHS Foundation Trust [2024] EWHC 2958 (KB) Master Sullivan considered whether the defendant’s defence was inconsistent with the matters set out in a detailed judgment that had been entered on liability and causation. …
PROVING THINGS 250: SOLICITOR FAILS TO PROVE THAT FORMER CLIENT WAS RESPONSIBLE FOR ONLINE REVIEWS
In Samuels t/a Samuels & Co Solicitors v Henry [2024] EWHC 2898 (KB) Deputy Master Marzec found that the claimant failed to prove that the defendant was responsible for adverse online reviews. He also rejected the claimant’s application that the…
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