SERVICE POINTS 46: A CLAIMANT WHO HAS NOT SERVED THE CLAIM FORM IN TIME CANNOT RELY ON CPR 6.15 OR 6.16: ANOTHER ACTION COMES TO GRIEF…
This case emphasises a number of important points about service: (1) There is always a duty on a claimant to serve the claim form in time, no matter what type of proceedings; (2) when a claim form has not been…
PARTS OF A DEFENCE WERE STRUCK OUT AS AN ABUSE OF PROCESS: THE DEFENDANT COULD NOT ATTEMPT TO REARGUE FACTUAL ISSUES THAT HAD BEEN DETERMINED BY A TRIBUNAL
Here we have a case where parts of a defence were struck out, in relation to two of the claimants, because of issue estoppel. The defence was trying to re-argue factual issues which had already been determined by a tribunal. …
THE COURT PREVENTED THE DEFENDANTS FROM MAKING ANY FURTHER APPLICATIONS IN THE CASE UNTIL THEY HAD COMPLIED WITH PREVIOUS COURT ORDERS: A PROPORTIONATE USE OF THE COURT’S CASE MANAGEMENT POWERS
Here we have a case where the court considered, in detail, the appropriate response of the court when a party had failed to comply with previous court orders as to payment of costs. The result was that the defendants in…
COST BITES 400: MASTERCARD FUNDER FAILS IN THE JUDICIAL REVIEW OF ITS SHARE OF THE PROCEEDS : IT TURNS OUT THAT LITIGATION IS NOT PRICELESS
We have got to number 400 in this series. It is perhaps fitting we deal with (what may well be) the tail end of a mammoth case. Further it is a case where litigation funders felt that they had not…
“ADVOCACY – THE JUDGE’S VIEW”: SOME RECAPS BEFORE THE START OF A NEW SERIES: SERIES 1 REVIEWED: (AND WHY THIS IS RELEVANT TO EVERY LITIGATOR…)
We have had three series on advocacy on this site. They have all been from the viewpoint of judges. Looking at guidance given by judges throughout the world. The point being that judges are not your clients, but they are…
CIVIL LITIGATION 2026: A TWELVE POINT SURVIVAL GUIDE UPDATED: 12 YEARS ON AND ALL OF THIS IS STILL RELEVANT
In July 2014 I wrote a 12 point “Survival Guide” for litigators. This was a guide to procedural safety following the Court of Appeal on from the decision in Denton. Re-reading this today all the points remain relevant. Today is…
UPDATED GUIDANCE ON COMPLETING CASE ADMINISTRATION TASKS IN MyHMCTS
On the 29th May HMCTS published updated guidance on how to complete case administration tasks in MyHMCTS. The changes the updates made are not wholly clear, here are what appears to be the main changes. What HMCTS says changed…
SHOULD PROCEEDINGS BE STRUCK OUT WHEN THE CLAIMANTS HAD ISSUED IN THE WRONG COURT, USING THE WRONG METHOD? THE DENTON PRINCIPLES CONSIDERED
This is a judgment that bristles with procedural issues. The claimants had issued in the wrong court, using the wrong procedure. The defendant made applications which (initially) were in the wrong form. The judge had to consider whether the actions…
EXPERT WATCH 49: EXPERT EVIDENCE IS “UNUSUAL” AT AN INTERLOCUTORY HEARING: “THIS MIXTURE OF OF SUBMISSIONS AND OPINION WAS NOT CPR 35 COMPLIANT EXPERT EVIDENCE”
Here we look at part of a judgment that dealt with expert evidence. The Master was clear that a party could not rely on expert evidence without permission. The use of such evidence is “unusual” in an interlocutory application. Further…
BACK TO BASICS MONDAY: THE DUTY TO SERVE A NOTICE OF APPEAL “AS SOON AS IS PRACTICABLE”
This post arises from the observations of the judge in a case we looked at last week. In essence it is not enough to simply issue a notice of appeal or an application notice. The rules require that you serve…
IF YOU ARE ASKING FOR AN EXPEDITED TRIAL – MAKE SURE YOU ARE AVAILABLE…: JUDGE SAYS THE PARTIES SHOULD HAVE CHECKED THIS ISSUE
Here we are looking at a short, but important, point in relation to seeking an expedited trial. The parties agreed the need for a speedy trial and agreed the dates. However it turns out that neither of the leading counsel…
THROWBACK FRIDAY: “ADVOCACY – THE JUDGE’S VIEW: “AVOID BULLSHIT, SMOKE AND MIRRORS” (OH AND “WELL PADDED VANITY” (JUNE 2016
There have been several series on “advocacy – the judge’s view” on this blog. Here we look at the fourth post in the first series. Again we have the problem that the original links no longer work. However this summary…
CAN YOU CONVERT PART 7 PROCEEDINGS TO PART 8 PROCEEDINGS: THIS REMAINS AN OPEN QUESTION
There is clear power in the rules to allow the court to transfer actions issued using Part 8 to Part 7. However there is no express rule allowing transfer the other way. The issue was considered in this case. There…
A CLAIMANT’S SUCCESSFUL APPEAL IN A HOUSING DISREPAIR CLAIM: THE DISTRICT JUDGE WAS WRONG TO ALLOCATE THE MATTER TO THE SMALL CLAIMS TRACK…
I am grateful to Craig Leigh, for sending me a copy of this judgment in relation to an appeal about allocation in a housing disrepair case. It deals with important principles relating to the allocation of housing disrepair cases. The…
COST BITES 394: COURT OVERTURNS DECISION THAT A CLAIMANT LANDLORD IS ENTITLED TO RECOVER THE COSTS: AWARD OF INTEREST ALSO OVERTURNED
This is a case where a decision as to costs and interests was overturned on appeal. The Circuit Judge found that the claimant landlord had no entitlement to claim costs under the terms of the lease. Further the claim for…
SERVICE POINTS 45: A SOLICITOR FAILS TO CHECK THE CE FILE AND 5,000 CLAIMS GO UP IN SMOKE: SEVERAL IMPORTANT LESSONS HERE, INCLUDING THE NEED TO MAKE AN APPLICATION FOR RELIEF PROMPTLY…
This case, where judgment was given today, is essential reading for anyone litigating using CE-File. It is also essential to anyone involved in group litigation. This is a case where 5,000 claimants were refused relief from sanctions. That initial difficulty…
WHAT HAPPENS WHEN A PARTY DOES NOT RESPOND TO A NOTICE TO ADMIT FACTS (THERE IS NO “DEEMED ADMISSION”) PLUS ANOTHER POSSIBLE “HALLUCINATED” “FICTITIOUS” RULE
This case has two important practical points. Firstly (contrary to the case put forward by the claimant) a failure to respond to a Notice to Admit facts does not give rise to an “implied admission” by the recipient of the…
RELIEF FROM SANCTIONS REFUSED: SOME DELAYS WERE UNEXPLAINED AND THERE WERE OTHER BREACHES OF THE RULES: SOME LESSONS ON COMPLIANCE HERE…
We are looking at an (unsuccessful) application for relief from sanctions in a family case. A husband sought permission to appeal some 10 1/2 months out of time. What is particularly interesting here are the judge accepted that some delay…
COST BITES 393: A CONDITIONAL FEE AGREEMENT BETWEEN LAW FIRMS WAS VALID: THERE WAS NO BREACH (AND IF THERE WAS IT WAS NOT MATERIAL): FRESH OFF THE PRESS – JUDGMENT THIS AFTERNOON
I am grateful to Jamie Carpenter KC for drawing my attention to this judgment given this afternoon. It relates to an interesting dispute between law firms. The claimant had entered into a CFA with the defendant. The defendant argued that…
AN EASY MISTAKE TO MAKE: HOW A CRUCIAL TIME LIMIT FOR APPEALING WAS MISSED: MISLABELLING OF THE FILES: THIS WAS NOT A “MINOR ERROR…”
Here we look at how a simple mistake in the naming of a file led to a potentially disastrous problem when it led to an appeal being out of time. The wrong documents were sent to the court when an…
AN APPEAL OVER A TIME ESTIMATE FOR TRIAL: THIS SHOULD NOT LAST 15 DAYS, NOR WILL IT BE DONE IN 5: EIGHT DAYS REMAINS THE CORRECT CONCLUSION
This blog has covered issues relating to time estimates many times. I cannot recall, however, a case where there has been an appeal over a judicial determination of a time estimate for a trial. We have such a case here. …
BACK TO BASICS MONDAY: A LITIGANT CANNOT APPLY TO SET ASIDE A DECISION MADE WITHOUT A HEARING WHEN THEY SPECIFICALLY ASKED FOR THIS AND HAD THE OPPORTUNITY TO MAKE SUBMISSIONS
Here we look at a recent decision that has major practical implications for anyone making an application, or anyone disgruntled with a court decision. The applicant asked, specifically, for an application to be considered on paper. The matter was considered…
THE CURRENT IMPORTANCE OF PLEADINGS 79: COURT REJECTS CLAIMANT’S AMENDMENT APPLICATION BECAUSE THERE WERE “REASONABLY ARGUABLE” ISSUES IN RELATION TO LIMITATION
Here we continue the theme of today in looking at applications to amend. In this case the application was unsuccessful because it sought to raise issues that may be subject to a limitation defence. The judge rejected the argument that…
THE CURRENT IMPORTANCE OF PLEADINGS 78: CLAIMANT REFUSED PERMISSION TO AMEND PARTICULARS IN CLINICAL NEGLIGENCE/FATAL ACCIDENT CLAIM
The theme for today may well be unsuccessful applications to amend pleadings. Here we have what may be regarded as an “extreme” case. The claimant issued proceedings relying on medical evidence that actually contradicted the pleaded case. This was pointed…
THROWBACK FRIDAY: AMENDING PLEADINGS : A REVIEW OF THE PRINCIPLES: WHAT IS MEANT BY “LATE”? (MAY 2015)
If we have a theme for today it relates to applications to amend pleadings. This is, needless to say, a regular topic on this site. The issues and problems that litigants faced 11 years ago still occur in cases we…
COST BITES 392 : BOTH PARTIES MADE “PART 36 OFFERS”: BOTH WERE INEFFECTIVE (AND THE MASTER WOULD NOT HAVE IMPOSED THE USUAL CONSEQUENCES EVEN IF THEY WERE VALID…)
Here we have a case where both parties made Part 36 offers. The court held that the offers were ineffective. One because the offeror had not beaten their offer on a true “like-for-like” comparison. The other offer was held not…
THE CURRENT IMPORTANCE OF PLEADINGS 77: CASE STRUCK OUT: THERE WAS “INSUFFICIENT PLEADINGS OF FACT FROM WHICH IT COULD BE INFERRED THAT ANY OF THE ALLEGATIONS HAVE A REAL PROSPET OF SUCCESS”
Here we look at a case where the Master struck out the claimants’ pleaded case alleging unlawful means conspiracy, breach of contract and a claim in negligence. The Master held that that the pleadings were non-compliant and did not plead…
SERVICE POINTS 44: LOCAL AUTHORITY FAILS TO SERVE PROPERLY ON INTERESTED PARTIES TO PROPOSED APPEAL: THE WHOLE APPEAL FAILS
Here we have another case of a failure to serve a claim form properly. This time a local authority failed to serve interested parties to an appeal because, rather than sending the claim forms to them personally, they were sent…
SERVICE POINTS 42: A £82 MILLION POUND FAILS BECAUSE THE CLAIM FORM WAS SENT BY EMAIL TO SOLICITORS WHO HAD NOT STATED THAT THEY WOULD ACCEPT SERVICE: AN OLD ISSUE (AND A BIG ONE)
This will not be the only case about (mis) service of the claim form this week, however it may be the largest. We have the “traditional” pattern of a claimant leaving service until the very last day and then serving…
AVOIDING THE PITFALLS: BUNDLES, WITNESSES AND PREPARING FOR TRIAL: WEBINAR ON 29th MAY 2026: IT MAY BE A WHOLE BUNDLE OF FUN
In Serra -v- Harvey [2024], wasted costs were ordered on an indemnity basis against the claimant’s solicitors because the lateness and condition of the trial bundles. The bundles were described as “haphazard”. This is just one of numerous posts on…
COST BITES 391: COURT OF APPEAL UPHOLDS DECISION THAT SOLICITOR’S BILL SHOULD BE ASSESSED AT “NIL”: THERE IS NO “RESTITUTIONARY” RIGHT TO DAMAGES WHERE THE CFA ITSELF MADE EXPRESS PROVISIONS FOR THESE CIRCUMSTANCES
I wrote about this case in August 2025 “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…
THE USE OF ARTIFICIAL INTELLIGENCE – LANDING SOLICITORS IN SERIOUS TROUBLE AGAIN (AND DON’T BLAME THE AI FOR EVERYTHING – IT ACTUALLY GAVE OUT WARNINGS TO CHECK…)
One day the incorrect use of AI to cite “hallucinated” authorities is going to ruin someone’s career. It may have done so already, there are a number of SRA investigations pending. The example we look at here is highly educational…
BACK TO BASICS (BANK HOLIDAY) MONDAY: A REMINDER OF WHAT A DIFFERENCE A DAY MAKES: THE PROFOUND DIFFERENCE IN THE WAY THE COURT APPROACHES A PROSPECTIVE APPLICATION FOR AN EXTENSION
It is important to remember the major difference in the court’s approach to a an application for an extension that is made ahead of the date of compliance compared to one that is made afterwards. The governing principles are very different….
THE COURT OF APPEAL ALLOWED DEFENDANT TO RELY ON WITNESS STATEMENTS SERVED “LATE”: THE CRUCIAL DISTINCTION BETWEEN “IN TIME” AND “OUT OF TIME” APPLICATIONS TO EXTEND TIME
I am grateful to Barrister Simon Brindle for sending me a copy of the judgment of this Court of Appeal judgment given yesterday. It relates primarily to the major distinction between an application made “ahead” of time and one made…
YOU CAN’T DELIBERATELY DECIDE TO IGNORE COURT (OR TRIBUNAL) DIRECTIONS: HMRC INVOLVED IN “CONTUMELIOUS” CONDUCT, ITS (LATE) APOLOGY GIVEN LITTLE WEIGHT
Here we have a case of a litigant (the HMRC no less) making a deliberate decision to ignore Tribunal directions. It then attempted to justify that decision by stating “That was a deliberate and proportionate case management decision, taken in…
THROWBACK FRIDAY: “WHAT CAN A DEFENDANT ARGUE ABOUT DAMAGES WHEN ITS DEFENCE IS STRUCK OUT?” (MAY 2017)
Recent cases have considered the question of what a defendant can argue as to damages when a claimant has obtained summary judgment. Here we look at a case that considers the position when the defendant’s defence has been struck out. …
THE CURRENT IMPORTANCE OF PLEADINGS 76: APPLYING FOR PERMISSION TO AMEND THE DAY BEFORE THE COURT OF APPEAL HEARING, WITH NO NOTICE GIVEN: HAVE A GUESS HOW THIS WENT…
There have been quite a few cases about pleading recently. This case is interesting because it makes the point that after a default judgment is entered a claimant is only entitled to have damages assessed on the basis of their…
WEBINARS AVAILABLE ON DEMAND: WITNESS STATEMENTS; MAZUR; INFORMING THE CLIENT ABOUT THE COSTS OF LITIGATION AND PART 36: A HEADY BREW TO LIGHTEN UP ANY LITIGATOR’S DAY…
Four webinars are now available “on demand” from Civil Litigation Brief: PD57AC; Mazur in the Court of Appeal; Informing the Client about the Costs of Litigation; Part 36 recent developments. THE COSTS (The costs are £75.00 plus VAT if you…
THE POSITION FOLLOWING DEATH OF A PARTY: THE FAMILY PROCEDURE RULES CANNOT “BORROW” PROVISIONS FROM THE CPR: APPEAL STRUCK OUT
This blog has looked, many times, at the problems caused by the death of a party during the course of litigation. Here we look at a problem that occurred in the Family Court. The fundamental point here is that the …
THE COURT HAS NO POWER TO EXTEND TIME FOR ISSUE WHEN A SOLICITOR WISHES TO CHALLENGE A SRA INTERVENTION (AND WHY IT IS ADVISABLE TO PUT ALL THE NECESSARY INFORMATION ON THE CLAIM FORM…)
We are used to looking at some extremely tight timelines on this blog, in particular in relation to issue and service. Here we have a case where the court found that the court has no power at all to extend…
A FIRM OF SOLICITORS ISSUED PROCEEDINGS WITHOUT AUTHORITY TO DO SO: ORDERED TO PAY £900,000 ON ACCOUNT OF COSTS: SOME EXPENSIVE LESSONS HERE…
Here we are not looking at a judgment as such but the reasons for an order made yesterday in the High Court. The court struck out an action and ordered that the claimants’ solicitors pay £900,000 on account of costs. …
ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU “OWN” IT…
We are looking at another case where the judge has expressed major concerns about the use of Artificial Intelligence in the preparation of documents for the court. The situation is now a (depressingly) familiar one where the use of AI…
AVOIDING THE PITFALLS IN CLAIMS FOR LOSS OF EARNINGS: WEBINAR 19th MAY 2026: USEFUL QUESTIONNAIRES AND CHECKLISTS INCLUDED
Claims for loss of earnings are a critical component of many personal injury and civil litigation cases, yet they are also among the most vulnerable to failure. Poorly evidenced claims, misunderstanding of legal principles, or flawed calculations can lead not…
COST BITES 385: THE COURTS SHOULD BE WARY OF DECIDING PRELIMINARY APPLICATIONS AND ISSUES ON A PROVISIONAL ASSESSMENT: THIS COULD UNDERMINE THE WHOLE PURPOSE OF THE REGIME
We are looking at an interesting decision in relation to the court being asked to determine preliminary issues in the provisional assessment process. The judge held that the courts have jurisdiction to determine preliminary applications and issues however it should…
THROWBACK FRIDAY: LAWYERS FAILURE TO PROVIDE OVERSIGHT OF EXPERTS LEADS TO EXCLUSION OF THEIR EVIDENCE: EXPERT EVIDENCE IS “NOT A MATTER OF RIGHT” (MAY 2021)
When looking at previous posts we are looking for issues that remain relevant today. This case, about the conduct of experts and their interaction with lawyers, remains highly pertinent. The judge held that the breaches were so severe that the…
SERVICE POINTS 41: THE DEFENDANTS REQUIRED AN EXTENSION OF TIME TO DISPUTE JURISDICTION FOLLOWING INVALID SERVICE OF THE CLAIM FORM: A POINT FOR PRACTITIONERS TO WATCH…
Here we have a case where the defendants created unnecessary difficulties for themselves when taking a point as to invalid service of the claim form. The claim form was not properly served. The defendants acknowledged service indicating that they were…
SERVICE POINTS 40: SERVICE BY EMAIL WAS NOT VALID NEITHER WAS SERVICE AT THE “LAST KNOWN ADDRESS”: THE CLAIMANT HAD TO ADDUCE EVIDENCE AS TO HIS STATE OF KNOWLEDGE
We are looking at a case that bristles with procedural points, including several issues relating to valid service. Here we look at just one of those issues – whether proceedings had been validly served when sent by email or to…
COST BITES 384: THE LOSER OF AN APPLICATION USUALLY PAYS AND THERE HAS TO BE A GOOD REASON IF THEY DON’T: APPEAL COURT OVERTURNS A DECISION TO THE CONTRARY
Here we have an unusual case where, on appeal, a costs decision in favour of a defendant was overturned on the basis that that there was no good reason not to apply the normal principle that “the loser pays”. “There…
WHEN A CASE – WEEKS AWAY FROM TRIAL WAS “UNTENABLE”: HOW DID WE GET HERE?
We don’t normally look at the same case twice in the same day. However this particular judgment needs looking at from different angles. The previous post looked at the case from the point of view of the pleadings. However the…
THE CURRENT IMPORTANCE OF PLEADINGS 71: COURT REFUSES CLAIMANT PERMISSION TO AMEND EVEN THOUGH THE CURRENT CASE WAS “UNTENABLE”: LESSONS HERE FOR EVERYONE
Here we have a case where the judge refused the claimant permission to amend the Particulars of Claim in circumstances where it was conceded that the current pleading was “untenable”. There are important lessons here for everyone involved in preparing…
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