“SECOND APPEALS” FROM THE CIRCUIT JUDGE: WHAT IS THE APPROPRIATE VENUE FOR APPEAL AND WHAT ARE THE CRITERIA APPLIED?
This case reveals a potential trap that would be appellants can fall into when attempting to appeal a decision of a Circuit Judge when that judge heard an appeal from a District Judge. Both the venue for the appeal and…
THE CURRENT IMPORTANCE OF PLEADINGS 40: THE CLAIMANT’S CASE ON CAUSATION WAS NOT PLEADED: THE CLAIMANT COULD NOT RELY ON MATTERS SET OUT IN CORRESPONDENCE AS AN ALTERNATIVE TO A PLEADED CASE
This case has plenty of pleading issues, in particular in relation to a failure to plead causation and damages. This is one of many cases we have seen this year where claimants have failed to plead a case on causation….
SERVICE POINTS 24: THE DEFENDANTS’ FAILURE TO DISPUTE JURISDICTION TIMEOUSLY MEANT THAT IT HAD WAIVED ISSUES RELATING TO SERVICE OF THE CLAIM FORM
One of the the issues that has arisen several times this year relates to whether there is an obligation on a defendant, who wishes to dispute the issue of service, to make an application under CPR Part 11. This is…
AND THEY KEEP ON COMING… ANOTHER FALSE CITATIONS CASE: “I RELIED ON THE AI OVERVIEW” FROM GOOGLE
The cases continue to come. Some lawyers are continuing to rely upon artificial intelligence to produce false authorities. Here was a firm of solicitors (defending themselves) who relied on the AI contents of a Google search. Such searches are never…
ANOTHER FALSE AND “HALLUCINATED” CITATION CASE: A SOLICITOR IS ACCOUNTABLE FOR WORK DONE BY THEIR STAFF: WASTED COSTS ORDER MADE
We have yet another case of “hallucinated” cases caused by artificial “intelligence” being cited in court. These have the capacity to, and indeed do, land lawyers in very hot water. Here false cases were put before the court in an…
SERVICE POINTS 23: THE COURT REFUSES TO RATIFY SERVICE OF THE CLAIM FORM BY EMAIL: “THE RESULTS ARE HARSH BUT THAT IS A NECESSARY CONSEQUENCE OF THE REGIME…”
We could, perhaps, run some kind of charity betting game on whether, and how many, cases there will be on service of the claim form between now and Christmas. The reason for not doing so it because it runs the…
SERVICE POINTS 22: AN APPLICATION WAS PROPERLY SERVED WHEN IT WAS SENT BY FIRST CLASS “SIGNED FOR SERVICE”: THE FACT THAT THE RECIPIENT DID NOT COLLECT IT IS NOT RELEVANT
Here we look at a particular point in relation to the service of an application. The application had been sent by first class “signed for” service at an address given for service by the respondents. The respondents did not receive…
SERVICE POINTS 21: VERY STRICT REQUIREMENTS APPLY IF YOU WANT TO AGREE AN EXTENSION OF TIME: THEY HAVE TO BE IN WRITING AND THEY HAVE TO BE TOTALLY CLEAR AS TO DATES…
We are looking at the same case again here, but from a slightly different angle. This relates to written agreements to vary court orders. Firstly the agreements have to be in writing; secondly they have to be totally clear as…
THE SOLICITOR AND THE STING OPERATION (3): THE AGENCY THAT CARRIED OUT A STING OPERATION ON A (RETIRED) JUDGE, AMONG OTHERS…
If you think that the account of enquiry agents carrying out a sting operation on the other side’s solicitor is remarkable then sit down for a while. That judgment also reveals that (in wholly unrelated proceedings) the agency in question…
CONTRIBUTORY NEGLIGENCE: THE LAW, PRACTICE AND SPECIAL CASES: WEBINAR 17th NOVEMBER 2025
You may be reading this for the second time – but it may be partly your own fault.… This webinar looks at the law relating to contributory negligence, the legislation and the key cases. Booking details are available here. …
SERVICE POINTS 20: ANOTHER ACTION FAILS BECAUSE OF NON-SERVICE OF THE CLAIM FORM: A REMINDER THAT CPR 7(6) IS VERY STRICT: THE COURT WOULD NOT IMPLY AN AGREEMENT FOR AN EXTENSION OF THE TIME FOR SERVICE
The sheer number of cases on mis-service of the claim form this year indicate that, in all litigator’s offices, there should be large signs that state “serve the claim form properly and on time”. Today we are looking at another…
THE SOLICITOR AND THE “STING” OPERATION (1): THE METHODS USED TO EXTRACT INFORMATION FROM THE SOLICITOR: “HE WAS DECEIVED AND PLAYED FOR A FOOL…”
A party to an action hires an enquiry agent to deceive their opponent’s solicitor into giving them information. That scenario may seem far fetched but it is what actually happened in this this case. It is worthwhile looking closely at…
SERVICE POINTS 19: THE DEFENDANT WAS ALLOWED TO DISPUTE JURISDICTION DESPITE NOT USING PART 11 (AND, PERHAPS, A WORKING EXAMPLE OF WHY LITIGATORS NEED TO READ THIS BLOG…)
We are looking at another claim form case. This time the issue related to whether the defendant had made the correct application and, if it had not, whether it was prevented from arguing the court did not have jurisdiction. What…
MAZUR MATTERS 38: THE GUIDANCE FROM THE SOLICITORS REGULATION AUTHORITY: “MAZUR AND CONDUCTING LITIGATION”
The SRA have a specific page which, in turn, provides links to SRA guidance and the Legal Services Act, itself. These are useful links. They include a link to the SRA submissions in the Mazur case itself. “The Legal…
MAZUR MATTERS 37: USEFUL LINKS: NEW GUIDANCE FROM THE LAW SOCIETY
The Law Society has earlier issued two new documents which are guides to Mazur. One is outside a paywall, the other is not. “Mazur – answering your questions” deals with many key issues. (Links are important on this topic -…
EXPERTS IN THE COURTS IN 2025: THE CASES (AND THE LESSONS) CONSIDERED IN A WEBINAR ON THE 20th NOVEMBER 2025
This has been quite a year for experts in the courts. All kinds of mistakes and errors have been reported upon. These are expensive issues for litigants and sometimes for the experts involved. This webinar looks at cases relating to…
DEFAULT AND SANCTIONS CASES IN THE COURTS IN 2025: WEBINAR 12th NOVEMBER 2025
This year has see more than its fair share of cases relating to default, sanctions and wasted costs. Knowing what those cases are, the problems that arose, how they were caused and the results are essential skills for litigators. More…
COURT CONSIDERS APPLICATION FOR FURTHER DISCLOSURE MADE ON THE THIRD DAY OF THE TRIAL: “THIS SHOULD HAVE BEEN MADE MANY MONTHS BEFORE…”
It is unusual for an application for further disclosure, particularly extensive disclosure, to be made part way through a trial. The judge considered such an application in this case. This led to the obvious question – why wasn’t this application…
SERVICE POINTS 18: DECISION TODAY: THE CLAIMANT DID NOT ACTUALLY RECEIVE THE CLAIM FORM UNTIL AFTER IT EXPIRED, YET THE COURT OF APPEAL WAS UNYIELDING
We are continuing our examination of the Court of Appeal judgment today in relation to service of the claim form. The claimant’s solicitors received the claim form after the date it had expired. Nevertheless the Court of Appeal upheld the…
SERVICE POINTS 17: BREAKING NEWS… IMPORTANT DECISION ON THE DATE OF ISSUE OF THE CLAIM FORM FROM THE COURT OF APPEAL TODAY
The procedural problems caused by service of the claim form continue unabated. Here we look at a decision of the Court of Appeal today which highlights the very real dangers for claimants. Mistakes or delays by the court service may…
MAZUR MATTERS 35: DOES AN UNAUTHORISED PERSON SIGNING AN APPLICATION MEAN IT CAN BE STRUCK OUT “WITHOUT MORE”?
Here we are looking at case report which contains a reference to Mazur and appears to suggest that signature of an application by an unauthorised person means that the application is “liable to be struck out”. As it turns out…
THE CURRENT IMPORTANCE OF PLEADINGS 36: A “SCATTERGUN” APPROACH DOES NOT HELP THE CLAIMANTS’ CASE (NOR DOES FAILING TO PLEAD KEY ASSERTIONS OF BREACH AND DAMAGES…)
A “scattergun” approach is rarely wise in relation to allegations in pleadings. Here, however we have a case where the judge found that there was both a scattergun approach and a failure to plead in relation to key matters of liability…
“LITIGANTS IN PERSON SHOULD BE WARY OF UNQUALIFIED INDIVIDUALS WHO ENCOURAGE THEM TO DEFEND OR PURSUE CASES BY REFERENCE TO SPURIOUS LEGAL ARGUMENTS, WHICH HAVE NOTHING TO DO WITH THE SUBSTANCE OF THE CASE”
It is rare for this blog to look at judgments from other jurisdictions. However some words from the High Court of Ireland caught my eye. It offers advice, in particular, to litigants in person. (This is not a warning in…
THE CLAIMANT RELIED ON A FALSE AUTHORITY: THE CONTEXT OF THIS CASE MADE IT DIFFICULT FOR THE LITIGANT TO CHECK THE CITATION
We are looking again at the phenomenon of “false” authorities. However in this case the courts were more forgiving of the litigant who had relied on a non-existent case. The judgment does, however, show the need for care in legal…
DEFAULT AND SANCTIONS CASES IN THE COURTS IN 2025: WEBINAR 12th NOVEMBER 2025: LOOKING AT MISTAKES IN LITIGATION TO AVOID REPEATS NEXT YEAR…
It is that time of year when we can look back and reflect on events of the previous 12 months. Here we are looking at what lessons can be learnt from cases on default and sanctions since November 2024. As…
MAZUR MATTERS 31: THE LEGAL SERVICES BOARD REVIEW OF “WHY MAZUR WAS A SURPRISE” – AND WHAT CHANGED AFTERWARDS?
The Legal Services Board has set out the scope of its review of “advice and guidance provided to the profession on the conduct of litigation by approved regulators and regulatory bodies”. Stripped down to its basics the question being asked…
SERVICE POINTS 16: DID THE COURT HAVE POWER TO STATE THAT SERVICE OF A CLAIM FORM AT THE HOUSE COMMONS COULD BE RATIFIED RETROSPECTIVELY?
We have already looked at this case at first instance, see Service Points 9, the initial decision was considered by the Court of Appeal in the case we look at here. The Court here was concerned with whether the courts…
COST BITES 303: THE SOLICITOR CANNOT PASS ON RESPONSIBILITY FOR A DEFECTIVE BILL TO THE COSTS LAWYER: A 75% REDUCTION BECAUSE OF THE WAY IN WHICH THE BILL WAS DRAFTED
Here we are looking at a case involving a bill of costs that was wholly defective that the costs judge was invited to strike it out. The judge came very close, but reduced the bill by 75% instead. There…
AS IT STARTS TO GET DARK: LAWYERS HALLOWEEN STORIES: DIGGING UP THE PAST…
Way back in the mists of antiquity (2017) I invited lawyers on Twitter (Now “X”) to share their views on what scares the legal profession most. The first post came from Megan Boyd (based in Atlanta, Georgia). This shows that…
NON-COMPLIANCE WITH A STATUTORY OBLIGATION TO OBTAIN PERMISSION PRIOR TO ISSUE LEADS TO AN ACTION BEING A NULLITY
We are looking here at at case where an action was struck out because of a failure to obtain permission of the court to issue proceedings. The judge rejected the claimant’s contention that the statute in question should be read…
DOES THE COUNTY COURT HAVE JURISDICTION TO DECIDE AN ACTION BROUGHT ON A FOREIGN JUDGMENT? SHOULD THE ACTION BE STRUCK OUT?
Here we have the County Court considering an unusual issue of jurisdiction. Does it have jurisdiction to decide an action brought at common law on a foreign judgment? If it does not should the action be struck out or simply…
MAZUR MATTERS 27: TWO MORE USEFUL LINKS: A USEFUL GUIDE FROM INSURERS: PLUS THE FIRST “REAL WORLD” CASE WHERE MAZUR HAS LED TO A SUBSTANTIAL REDUCTION IN COSTS
The commentary on Mazur continues. Here I want to look at two useful links. The first relates to guidance given by an insurer. The second relates to the first report (I have seen) on Mazur having an impact on costs….
MAZUR MATTERS 26: SHOULD THE PROFESSION HAVE SEEN THIS COMING? THERE WERE CLUES…: TODAY IS THE 18th ANNIVERSARY OF THE LEGAL SERVICES ACT 2007 COMING INTO FORCE: SHOULD WE HAVE BEEN SURPRISED?
The reason why we litigators are infinitely wise is that we always deal with things in retrospect. We have the perfect vision of hindsight. Litigation is full of “why did you do that?”, “If you say that now why didn’t…
THE CURRENT IMPORTANCE OF PLEADINGS 33: COURT OF APPEAL UPHOLDS STRIKING OUT OF SCHEDULE OF DAMAGES: “OVER-COMPLICATED”, “UNCLEAR”. “LACKING IN THE MOST BASIC INFORMATION NECESSARY” (OH AND MANY OF THE CLAIMS WERE UNPLEADED…)
It is rare for a schedule of damages to come under close scrutiny prior to the trial itself. Here the Court of Appeal upheld a decision to strike out large parts of the appellants’ claim for damages. Many of the…
EXPERT WATCH 22: JUST WHEN YOU THINK YOU MAY HAVE SEEN IT ALL: THE CLIENT (BASICALLY) DRAFTS THE JOINT STATEMENT: THE JUDGE THINKS THEY MAY HAVE PLAYED A LARGE PART IN THE DRAFTING OF THE REPORT ITSELF…
No matter how long, and how much, you write about civil procedure cases can still come along which surprise – if not astonish. We have such a case here. The judge found that, essentially, it was the client who played…
COST BITES 302: WAS THE JUDGE WRONG TO IMPOSE A WASTED COSTS ORDER? ISSUES OF CAUSATION AND “NEGLIGENCE” CONSIDERED IN THE COURT OF APPEAL
We are looking at a case where the Court of Appeal considered a wasted costs order in critical terms. Although we are considering a decision in the criminal courts the principles relating to wasted costs are of general application. Firstly…
MEMBER NEWS: UPDATE ON THE CIVIL LITIGATION BRIEF WEBINAR SERIES: THIS SITE WILL BE OFFLINE FOR AN HOUR ON THE 29th OCTOBER
There are two pieces of news. Firstly the site is having a short “rest” on the 29th October, this is only for an hour – but it will be back newly invigorated. Secondly a reminder of some of the webinars…
SEEKING PERMISSION TO APPEAL AND TO EXTEND TIME: THE OPPORTUNITY TO SEEK PERMISSION CAN EASILY BE MISSED: SOMETHING FOR WOULD BE APPELLANTS TO WATCH OUT FOR
The circumstances in which a judge at first instance can grant permission to appeal from their own decision are circumscribed by the rules. Permission can only be given at the hearing itself, or any adjournment thereof. The same applies to…
LITIGATORS: SLEEP LIKE A BABY NEXT YEAR BY NOT REPEATING ALL THE CLAIM FORM MISTAKES PEOPLE HAVE MADE THIS YEAR: WEBINAR 5th NOVEMBER 2025
Needless to say there have been plenty of cases this year relating to service (or mis-service) of the claim form. This webinar looks at cases over the past 12 months with the primary aim of ensuring that you are not…
THE RESPONDENTS’ ARGUMENTS ABOUT FAILURES OF PROCEDURE WERE NOT “NIT PICKING”: RATHER THEY SHOWED THAT THE APPLICATION HAD NOT BEEN PROPERLY BROUGHT AND COULD NOT BE CONSIDERED…
There are often major differences of view as to the effect of non-compliance with the rules. We have such differences here. The claimants, in default, regarded the respondents’ procedural objections as “nit-picking”. The judge, however, held that the default was…
LIGHT IN ALL THE HEAT: ENSURING THAT AN AUTHORISED PERSON HAS “CONDUCT OF LITIGATION”: A PRACTICAL GUIDE: WEBINAR 31st OCTOBER 2025
There are many heated responses to the Mazur decision. There are articles suggesting that the judge got the law wrong. (Apparently the judge should not have listened to the submissions of both the Law Society and SRA which supported his…
SHOULD A CLAIMANT BE GIVEN PERMISSION TO WITHDRAW THEIR OWN PART 36 OFFER? (2): THE PRINCIPLES CONSIDERED
We continue with the consideration of the recent case in which a claimant applied for permission to withdraw a Part 36 offer. The judge also considered the relevant rules and case law in detail. (You need the court’s permission to…
SERVICE POINTS 15: THE CLAIM FORM CASE IN THE COURT OF APPEAL (2): LEAVING A CLAIM FORM OUT FOR THE DX TO COLLECT WAS NOT EFFECTIVE SERVICE
The Court of Appeal has been busy recently with issues relating to service of the claim form. On the whole claimants (or rather their representatives) have not fared well. Here we look at the claimant’s argument that leaving a claim…
SHOULD THE COURT GIVE ADEFENDANT PERMISSION TO RELY ON WITNESS STATEMENT THAT WAS SENT “EARLY” BUT NOT SERVED AS A TRIAL WITNESS STATEMENT?
We are looking at an application to rely on a witness statement that was served “late”. The statement had, in fact, been served on the claimants ahead of the deadline but not served as a witness statement for trial. When…
MAZUR MATTERS 20: TWO MORE USEFUL LINKS: WHAT IS NOT THE CONDUCT OF LITIGATION? PLUS A SNIPPET OF THE LAW SOCIETY GUIDANCE
I am continuing with the Mazur series by looking at two more useful links from reputable sources. One, from the Bar Standards Board, on what is not the conduct of litigation the other the Law Society Practice Note on these…
MAZUR MATTERS 19: TWO USEFUL LINKS: THIS HAS CHANGED THE PROFESSION’S UNDERSTANDING NOT THE LAW: STEPS TO ENSURE COMPLIANCE
I am attempting to avoid the blog being solely about Mazur. However the fact is that the Mazur issues are the most widely read posts, many of the more mainstream issues having taken a backseat. Whilst there is some commentary…
MAZUR MATTERS 13: WHAT IS MEAN BY “THE CONDUCT OF LITIGATION” 4: THE COURT SHOULD LOOK AT THE ENTIRETY OF ACTIVITIES UNDERTAKEN “IN THE ROUND”
The decision Mazur continues to attract considerable comment, for good reason. Here we consider the question of how the courts approach the issue. (13 may be lucky for some. Just remember the court considers the position “in the round”). …
MAZUR MATTERS 12: WHAT IS MEANT BY “THE CONDUCT OF LITIGATION” 3: JUDGMENT ON WHAT IS NOT THE CONDUCT OF LITIGATION
We are continuing with the detailed look at the consequences of the Mazur case. Here we look at that part of a judgment where the court made clear findings as to what did not constitute the conduct of litigation. (Staying outside…
SERVICE POINTS 13: IS A CLAIMANT SAVED BY THE FACT THAT THE DEFENDANT DID NOT FILE AN ACKNOWLEDGMENT OF SERVICE OR MAKE AN APPLICATION UNDER CPR 11? THE COURT OF APPEAL HAVE A VIEW…
Over the years many claimants have been “rescued” by a defendant’s failure to make a timely, or correct, application to dispute the jurisdiction when the claim form has been improperly served. The limits of the defendant’s obligations were considered by…
SERVICE POINTS 12: ANOTHER CLAIMANT COMES TO GRIEF IN THE COURT OF APPEAL: CPR 7.6 APPLIED AND NOT 3.9 (THE CLAIMANT COULD HAVE GOOGLED THIS)
Here we look at another case where a claimant has come to grief because of a failure to serve the claim form. The ingenious arguments that he should have relief from sanctions were successful at first instance, but were rejected…
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