WITNESS EVIDENCE WEDNESDAY: WHERE ARE WE NOW ON “MISSING” WITNESSES AND EVIDENCE ? TEN KEY POINTS WITH USEFUL LINKS
Much of litigation is taken up with the contents of witness statements and their veracity, or otherwise. However there is an important element in relation to missing evidence and “missing” witnesses. What inferences should the court draw if a…
THE CURRENT IMPORTANCE OF PLEADINGS 101: PUTTING A FIGURE IN THE PARTICULARS OF CLAIM DOES NOT NECESSARILY ENTITLE A CLAIMANT TO DEFAULT JUDGMENT FOR THAT SUM
Does the fact that a specific sum is claimed in the Particulars entitle a claimant to enter default judgment in that sum? Sometimes the answer to that question is no. That was the issue being considered in in this case. …
SERVICE POINTS 55: THE SOLICITORS DISCIPLINARY TRIBUNAL FINDS THAT A SOLICITOR WAS TELLING LIES ABOUT SERVICE: SOLICITOR STRUCK OFF (DON’T LET THIS HAPPEN TO YOU…)
We have looked many times at issues relating to non or mis-service of the claim form. Here we have a case where a solicitor’s evidence as to service was disbelieved by a Circuit Judge. The case shows many familiar mistakes…
LIMITATION: WHEN DID BLACK CAB DRIVERS HAVE “THE KNOWLEDGE”? CLAIM AGAINST UBER WAS STATUTE BARRED
This is a judgment about s.32 of the Limitation Act. In particular about the date of knowledge. The claimants were not successful. The judge held that they had the relevant knowledge more than six years prior to issue. It was…
CONDITIONAL FEE AGREEMENTS, CHANGE OF SOLICITORS AND RATIFICATION AND INFORMED ADVICE: IT IS NOT SO EASY TO SIMPLY RECOMMEND A CHANGE OF SOLICITORS…
It is not unknown for a client to wish to change solicitors part way through a case. Where the matter is being conducted on a conditional fee agreement this can lead to complex problems. We see this here. The key…
THE CURRENT IMPORTANCE OF PLEADINGS 100: PRIVY COUNCIL CONFIRM THAT THE DEFENDANT WAS NOT ENTITLED TO RELY ON A DEFENCE NEVER PLEADED
For post one hundred in this series it is perhaps fitting that we look at a Privy Council decision that shows, in categorical and clear terms, that a failure to plead essential points cannot be dismissed as a technicality. Here…
COST BITES 464 : THE IMPORTANCE OF MAKING A PROPER APPLICATION TO VARY A COSTS CAP: TICKING A BOX IS NOT ENOUGH: THE COURT APPLIES THE £5,000 AARHUS LIMIT: SOMETHING TO CHEW THE CUD OVER
It is not often we get to consider the issue of costs and cattle. Here the issue is considered in relation to costs limits imposed by the Aarhus Cap and delay by the defendants in challenging the application of the…
THE CURRENT IMPORTANCE OF PLEADINGS 99: ONCE AGAIN – A BARE DENIAL WILL NOT DO: DEFENCE STRUCK OUT: “THIS RULE IS NOT A MATTER OF FORMALITY”
This is far from the first time that we have looked at cases that have shown how a bare denial in a pleading is inadequate. Here Chief Master Shuman emphasised the real danger of pleading a bare denial. The defence…
THE DANGERS OF DELAY: A CASE WHERE THE COURT CRITICISES LATE SERVICE: IT IS IMPLICIT THAT COURT ORDERS SHOULD BE SERVED IN A “TIMELY MANNER”
This is the third case of the day about delay. Here there was a delay of eleven months in serving an order on named defendants. The judge found it unsatisfactory that the claimant council had not served the order in…
LEAVING FILING UNTIL THE LAST MINUTE IS “COURTING DISASTER”: ONE DAY OUT AND NO EXTENSION OF TIME GRANTED
The previous post mentioned that a theme of today is the importance of complying with rules and directions. This case demonstrates that point clearly. The appellant was one day out in compliance and still no extension of time was given….
WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT …. PREVENTING PROBLEMS WITH THE USE OF ARTIFICIAL INTELLIGENCE IN LITIGATION? 10 KEY POINTS
The use of Artificial Intelligence by the legal profession is now a fact of life. The genie will not go back into that particular bottle. However, as we have seen many times on this blog, it can lead to profound…
HOW SHOULD A CLAIMANT RESPOND TO THE COUNTER-SCHEDULE? WEBINAR 14th OCTOBER 2026
A great deal of the claimant lawyer’s time is spent considering and building a case on damages. However it is sensible for the lawyer to stop and think how realistic the claim for damages is. One of the best means…
BACK TO BASICS MONDAY: WHAT DO YOU ADVISE A CLIENT WHO HAS A COSTS ORDER AGAINST THEM: THE IMMEDIATE AFTERMATH: 10 KEY POINTS AND USEFUL LINKS
This posts looks at the lawyer’s role immediately after the court has made an order that your client must pay the other side’s costs. The client may be disappointed, angry or astonished at the result. There may be a strong…
EXPERT WATCH 77 : YOU CANNOT WAIT UNTIL TRIAL TO COMPLAIN ABOUT THE ABSENCE OF EXPERT EVIDENCE (PARTICULARLY WHEN YOU HAVE EARLIER SAID IT WAS UNNECESSARY)
Here we have a case where the defendants, in a skeleton argument for trial, argued that the claimants could not succeed because they had to expert evidence to support their case for breach of duty. That submission was roundly rejected…
ARTIFICIAL INTELLIGENCE HALLUCINATIONS – CAUSING PROBLEMS FOR THE PROFESSION AGAIN: “… THIS DECISION ILLUSTRATES THE CONSIDERABLE PROCEDURAL DIFFICULTIES WHICH CAN ARISE WHEN INAPPROPRIATE USE IS MADE OF AI”
I have today received a copy of the second edition of Andrew Hogan’s book on AI for Lawyers (a review of which will be appearing soon). Problems with the use of AI continue to blight the profession (at home and…
WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT … APPLICATIONS TO AMEND STATEMENTS OF CASE? TEN KEY POINTS FOR APPLICANTS (PLUS A “BONUS POINT” AND USEFUL LINKS…).)
The posts earlier this morning highlighted the major obstacles facing a litigant who wants to amend their pleadings at a very late stage. This is a good time to look at previous posts on amendments, together with links to the…
THE CURRENT IMPORTANCE OF PLEADINGS 97 : CLAIMANT GIVEN LEAVE TO APPLY TO AMEND PLEADINGS THAT WERE SERVED LATE, BUT DIDN’T GET VERY FAR (OH, AND LEADING COUNSEL BEING ON HOLIDAY IS NOT A GOOD REASON FOR A BREACH…)
This is a case we are looking at in two parts. Firstly we are looking at the claimant’s application for relief from sanctions when it served amended Particulars of Claim outside the time period ordered by the court. A second…
WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT … THE “AUTHENTICITY” OF DOCUMENTS (OR OTHERWISE)? TEN KEY POINTS FOR PRACTITIONERS CONSIDERING THE RISKS POSED BY ARTIFICIAL INTELLIGENCE
The post earlier this morning where the Upper Tribunal considered the problems with very authentic looking documents being produced by Artificial Intelligence is illustrative of a very real problem for civil practitioners. The judgment contains a timely reminder that documents…
WITNESS EVIDENCE WEDNESDAY: WHAT DO YOU DO IF A WITNESS FINDS A MISTAKE IN THEIR STATEMENT?
What steps should be taken if a witness has identified an error in their witness statement? Does it matter if that is an error of fact in relation to the matters described or a significant omission? Here we review the…
ARE YOU SURE WHO IS REALLY INSTRUCTING YOU? SOLICITORS DECEIVED BY A FALSE EMAIL ADDRESS IN NAOMI CAMPBELL’S CASE
We have recently been looking at a few cases that have made the headlines. However we examine them from a particular CLB point of view – that is are there any practical lessons for working litigators? There are some interesting…
BACK TO BASICS MONDAY: 10 KEY POINTS ABOUT DRAFTING A DEFENCE AND THE POSTS THAT SHOW WHY THIS MATTERS
The post last Friday about the inadequate drafting of a defence was the 19th this year on the way in which defences are pleaded. This is a useful time to visit some basic principles in relation to how a defence…
THE CURRENT IMPORTANCE OF PLEADINGS 96: WHEN YOU HAVE PLEADED AN INADEQUATE DEFENCE IT IS NOT A GOOD PLAN TO DEMAND THAT THE CLAIMANT PAY FOR ADEQUATE PARTICULARS TO BE PROVIDED…
Here is a classic case of a failure to draft a Defence properly. It contains a number of surprising elements. Firstly the defendant, having filed an inadequately particularised Defence, stated it would provide further particulars only if the claimant paid…
GUIDE TO FATAL ACCIDENTS 5th EDITION: PUBLISHED LATER THIS YEAR: AVAILABLE TO PRE-ORDER
The latest (the 5th) edition of the Guide to Fatal Accidents is now available to pre-order. Details are available here. Fatal accident litigation presents lawyers with legal, evidential and practical problems that are distinct from those encountered in non-fatal…
BACK TO BASICS MONDAY: DOCUMENTS ARE ADMISSIBLE WHEN THEY ARE IN AN AGREED TRIAL OR APPLICATION BUNDLE BUT…
Agreeing a trial or application bundle can have consequences that are easy to overlook. Documents in an agreed bundle are usually admissible as evidence of their contents. That does not mean that the parties agree that everything written in them…
WHEN POSSIBLE FRAUDULENT CONDUCT EMERGES – CAN A SOLICITOR SIMPLY CARRY ON AS BEFORE? THE ISSUES CONSIDERED
Here we look at difficult conduct issue. This is in the context of applications for judicial review. However some of the problems are universal. What does the lawyer do if there are “red flags” that indicate that the solicitor is…
EXPERT WATCH 72: THE DEFENDANT HAD LEFT IT TOO LATE TO OBJECT TO THE CLAIMANTS’ EXPERT EVIDENCE: THIS SHOULD HAVE BEEN DONE AT TRIAL NOT AT THE APPEAL STAGE
If a party is going to object to their opponents relying on expert evidence this is best done promptly. Leaving it to the appeal stage is dangers – as this case shows. The defendant received a report, commented on the…
THROWBACK FRIDAY: FOR WANT OF A PAGE IN A BUNDLE THE DAMAGES WERE LOWER… (SEPTEMBER 2015)
Here we look at a post from 2015 about a missing page in a trial bundle. The claimant argued that the missing page meant that damages had been too low. The judge held that that an application the day after…
THE PAYING PARTY’S MANUAL: HOW TO REDUCE YOUR OWN CLIENT’S LIABILITY TO PAY THEIR OPPONENT’S COSTS: THE WEBINAR, THE BOOK AND THE TOOLKIT
There is surprisingly little practical guidance for litigators on how to reduce their own client’s liability to pay their opponent’s costs. This webinar, book and toolkit aims to help fill that gap. Starting from the premise that potential liability for…
WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT … PLEADING DAMAGES? A 10 POINT CHECKLIST TO AVOID YOUR CLIENTS (AND YOU…) GETTING INTO DIFFICULTIES…
The two posts earlier today on the judgment in Amaal Ventures Ltd v Eros Ltd looked at problems arising because of a failure to plead damages. This is not an new issue. Here we use the CLB archive to provide…
THE CURRENT IMPORTANCE OF PLEADINGS 93 : CAN YOU CLAIM £2.569 MILLION IN DAMAGES WHEN YOU HAVEN’T PLEADED IT? NOW THAT’S AN IMPORTANT QUESTION…
If ever there was a case that would persuade you of the importance of pleadings it is this one. The claimant had succeeded on many issues at a trial. It now wanted to claim £2,569 million in damages. However an…
WITNESS EVIDENCE WEDNESDAY: WAIVING LEGAL PROFESSIONAL PRIVILEGE BY MENTIONING IT IN A WITNESS STATEMENT
Issues of legal professional privilege have been in the news this week. This makes it an opportune time to revisit those cases where litigants have inadvertently waived privilege by mentioning legal advice in witness statements. “… there is a distinction…
PROPORTIONALITY AND LITIGATION (2): WHERE DOES IT ALL START TO GO WRONG? (AND HOW DO YOU AVOID IT?)
This short series on proportionality is aimed, primarily, at protecting the client and the lawyer. A client may be exposed to excessive costs and the lawyers get blamed for this. There are (it is to be hoped) few cases where…
PROPORTIONALITY IN LITIGATION (1): A TEN POINT GUIDE FOR CIVIL LITIGATORS: A REVIEW OF CASE LAW AND POSTS OVER THE PAST 13 YEARS
Yesterday we looked at a judgment in the Court of Appeal where the sum at stake was £25. The court was, shall we say, “sceptical” about whether this litigation was for the benefit of the actual client. For a while…
COST BITES 456: LET US ALL REMEMBER THAT THE DISPUTE THAT REACHED THE COURT OF APPEAL TODAY WAS OVER THE PRINCELY SUM OF £25: “THE CLIENT HAS NEVER HAD ANY REAL ECONOMIC INTEREST IN THE PURSUIT OF THIS COSTLY LITIGATION”
The judgment given today in the Court of Appeal was the second appeal on the issue. It involved two junior counsel on each side. The sums involved were not large, the Court estimated it to be £25.00. In every other…
BACK TO BASICS MONDAY: THE NEED TO SERVE A SEALED CLAIM FORM: LITIGATORS HAVE BEEN COMING TO GRIEF ON THIS ISSUE FOR WELL OVER A DECADE (AT LEAST…)
Last week we looked at (another) case where a claimant had come to grief when it failed to serve a sealed claim form in time. This is an opportune time to remind readers of the basic point that to be…
THROWBACK FRIDAY: “OFFICE GOSSIP PROVES NOTHING”: THE IMPORTANCE OF THE SOURCE OF INFORMATION AND BELIEF” (SEPTEMBER 2016)
This post written a decade ago deals with a recurring point in litigation as we have already seen this week. The tendency of witnesses, and lawyers to allow witnesses, to give “evidence” in witness statements of matters on which they…
ADVISING THE CLIENT OF THE RISKS OF LITIGATION: TEN USEFUL CHECKLISTS COUPLED WITH THE RELEVANT LINKS
The previous post considered the nature of a solicitor’s duty in a conveyancing transaction. The judgment considered the nature of the solicitor’s duty to warn of risks. Here we pull together many posts and cases on advising on the risks…
WITNESS EVIDENCE WEDNESDAY: THOSE WHO DRAFTED THE WITNESS STATEMENTS “HAVE FORGOTTEN WHAT THE ROLE OF THE WITNESS STATEMENT IS”: A USEFUL CHECKLIST AND LINKS TO KEEP YOU ON THE STRAIGHT AND NARROW
Here we look at a case where the judge was extremely blunt in his critique of the way in which both parties had drafted the witness statements. The judgment was from a few years back. However we are looking at…
SERVICE POINTS 54: THE CLAIMANT FAILED TO SERVE A SEALED CLAIM FORM IN TIME: THERE WAS NO OBLIGATION ON A DEFENDANT TO MAKE AN APPLICATION UNDER CPR 7.7: THE ACTION BITES THE DUST
Here we have a case where the claimant simply failed to serve a sealed claim form in time. Despite being warned of this by the defendant the claimant insisted that service of an unsealed claim form was sufficient. The claimant…
THE DIFFICULTIES WHEN MAKING A CLAIM FOR LOSS OF EARNINGS OF THE SELF-EMPLOYED OR SOMEONE INVOLVED IN SPORTS OR ENTERTAINMENT: WEBINAR 29TH SEPTEMBER 2026
Claims for loss of earnings become particularly difficult when the claimant is not an employee. The court may have to reconstruct the likely progress of a business, professional practice, sporting career or career in the arts. Past income may fluctuate…
LAWYERS AND ARTIFICIAL INTELLIGENCE AVOIDING THE PITFALLS (5): “THE HEARING WAS A SALUTARY LESSON IN HOW AI MAY PROMPT LAY PERSONS TO SAY THE RIGHT THINGS IN PLEADINGS, BUT CANNOT FURNISH THE EVIDENCE NEEDED TO ESTABLISH THOSE STATEMENTS”
This morning we are travelling to Scotland to look at a case where the judge indicated that the use of AI had led the pursuers (claimants) to bring forward a claim that was largely unsupported by evidence. This led to…
THE DUTY OF FULL AND FRANK DISCLOSURE: USEFUL GUIDANCE AND AN ESSENTIAL CHECKLIST WHEN MAKING AN APPLICATION TO SERVE OUT…
The case we looked at in the previous post highlighted the dangers of failing to comply with the duties owed on a without notice application, an application to serve out in particular. The same judgment had some important guidance for…
A COURT SETS ASIDE AN ORDER MADE WITHOUT NOTICE: ANOTHER CASE THAT EMPHASISES THE IMPORTANCE OF FAIR PRESENTATION AT THESE APPLICATIONS: A LAWYER CANNOT SIMPLY PROMOTE A “CONSPIRACY THEORY” BUT MOST ACT OBJECTIVELY AND CAREFULLY
We have looked many times at cases where “without notice” applications have come under fire. In particular in relation to arguments that the applicants have failed in their duty of full and frank disclosure to the court. We see that…
THE REPLY: THE THEME OF THE DAY: SIX USEFUL CHECKLISTS: MAKING SURE YOUR PLEADING DOESN’T FAIL THE BASIC TESTS
A post earlier today promised checklists on the essential elements that need to be considered when drafting a Reply. There are six here (we will deal with drafting a Defence to counterclaim separately). These should be useful in relation to…
DRAFTING A REPLY: WHAT IT SHOULD CONTAIN AND WHAT IT SHOULD NOT: THE KEY ISSUES CONSIDERED
You may have noted that the theme of today is the Reply. Here we look at how a Reply should be drafted if a decision is made that one should be served. “A Reply should not, however, be used to…
BACK TO BASICS MONDAY: THE RIGHT TO REPLY: WHEN MUST YOU DO IT AND WHEN SHOULD YOU DO IT? THE CRITICAL IMPORTANCE OF A DEFENCE TO COUNTERCLAIM
There are a surprising number of cases that deal with the drafting of a Reply. Today we are having a detailed look of the rules and case law relating to the Reply. Here we take a look at the rules…
THROWBACK FRIDAY: ADVISING CLIENTS AS TO THE RISKS OF LITIGATION: “CLIENTS WANT TWO INCONSISTENT THINGS”: CASES AND GUIDANCE (SEPTEMBER 2018)
Some things are timeless in litigation. The fact that it carries risks is without doubt one of those things. Here we look at a post that considered the duty to advise on the risks of litigation and how to fulfil…
WILL AN INSURER PAY FOR THIS? ONE OF THE MOST ESSENTIAL QUESTIONS IN LITIGATION CONSIDERED: WEBINAR 30th OCTOBER 2026
The post earlier this week on the claimant’s inability to use TUPE to bring a claim against a defendant highlights the very real difficulties that exist when there is no defendant who can pay the claim. In that case the…
CLAIM AGAINST A SOLICITOR WAS STRUCK OUT: THERE HAD BEEN NUMEROUS PROCEDURAL DEFAULTS AND THESE WOULD HAVE BEEN FORGIVEN…
We are looking at a case where a claim against a defendant solicitor was struck out. It was struck out because there was no arguable case against the solicitor. However the claimants had also breached numerous rules before and after…
LOSS OF EARNINGS CLAIMS 2026: WEBINAR 16th SEPTEMBER 2026
This year has seen some important cases in relation to the way in which the courts approach claims for loss of earnings. This webinar provides a practical and comprehensive examination of claims for loss of earnings in personal injury litigation….
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