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…
THROWBACK FRIDAY: THE GOOD STUFF ABOUT BEING A LITIGATOR – FROM NICE LAWYERS (MAY 2020)
In May 2020 we were in the grip of the COVID crisis. Many of the posts from that period deal with issues arising from COVID, including a series (“The (Not So) Lonely Litigator’s Club – which looked at how people…
ATTENDING A CIVIL COURT AS A WITNESS: USEFUL LINKS FROM HOME AND ABROAD: A GOOD START BUT WITH MORE WORK TO DO
Yesterday I wrote how little support there seemed to be for those attending civil courts to give evidence. I have since found some useful guidance and here are the links. I will be more than pleased if people write in…
THE CURRENT IMPORTANCE OF PLEADINGS 69: ALLEGATIONS OF DISHONESTY SHOULD HAVE PLEADED: IT IS INAPPROPRIATE TO QUESTION WITNESSES ON THE BASIS THAT THEY HAD ACCEPTED A PROPOSITION WHEN THEY HAD NOT DONE SO
There are several matters of interest in this judgment given last Friday. Firstly that allegations of fraudulent conduct were made when those assertions had not been pleaded. Secondly the judge was critical of the attempt to cross-examine witnesses on the…
BACK TO BASICS MONDAY: WHAT AFFECT DOES A BANK HOLIDAY HAVE ON THE COMPUTATION OF TIME UNDER THE CPR?
Normally there are no posts on bank holidays. But this subject is apposite. If you are having a day off today, what impact does a bank holiday have on the computation of time. COMPUTATION OF TIME AND BANK HOLIDAYS…
WEBINAR ON PD57AC WITNESS STATEMENTS: NOW AVAILABLE “ON DEMAND”: IF YOU MISSED IT YOU CAN STILL WATCH IT…
The webinar on Mastering PD57AC – Getting Witness Statements Right in the Commercial Courts is now available “on demand”. You can watch it at your leisure. Booking details are available here. The webinar includes a series of checklists and a…
SERVICE POINTS 38: THE CLAIMANT SERVES AT THE WRONG ADDRESS BUT THE DEFENDANT FAILS TO APPLY IN TIME (A CLASSIC STORY)
This is a case where lessons can be learnt by both claimants and defendants. The claimant served at the wrong address, however the defendant did not respond promptly or timeously. KEY PRACTICE POINT There are lessons here for both parties….
WITNESS EVIDENCE WEDNESDAY: KEEPING COMMERCIAL LITIGATORS OFF THE NAUGHTY STEP: WEBINAR PLUS USEFUL CHECKLISTS AND PRECEDENTS: 30th APRIL 2026
For the past week we have looked at cases where judges have been critical of the failure to comply with the provisions of PD57AC. These issues are being addressed in the webinar tomorrow. In addition to looking at the guidance…
THE COSTS LIABILITY OF A REPRESENTATIVE OF A DECEASED PERSON UNDER CPR 19.12 CONSIDERED: THE SITUATION IS NOT THE SAME AS AN ADMINISTRATOR OR EXECUTOR
This case considers the costs liability of a person appointed under CPR 19.12 to represent a deceased person. The court made it clear that such an appointment is not directly analogous to that of an administrator or executor. Different costs…
COST BITES 380: “ALWAYS CHOOSE A COSTS LAWYER FOR EXPERT LEGAL COSTS ADVICE”: GUIDANCE FROM THE SRA
The Solicitors Regulation Authority have sent out a short Note on selecting professional help to assess legal costs. It is worth reading. Indeed it may be regarded as essential reading. “Using an unregulated costs adviser can expose you and your…
COMMERCIAL LITIGATORS ON THE NAUGHTY STEP 5: PD57AC AND REFERENCE TO DOCUMENTS: WHY LAWYERS NEED TO BE PRISED AWAY FROM THEIR COMFORT BLANKETS
PD57AC is very prescriptive in the guidance it gives in relation to the way in which documents are referred to in witness statements. This is another example of a rule that is often breached, with statements often referring to, and…
THE DEFENDANT WAS OUT OF TIME FOR APPLYING FOR PERMISSION TO APPEAL: THE COURT DID NOT HAVE POWER AT THIS STAGE IN ANY EVENT
This judgment provides a short reminder that if a party wants to seek permission to appeal from the court that made the decision then that application must be made at the hearing being appealed itself, or any adjournment of that…
IS AN APPLICATION VALID IF THE INCORRECT COURT FEE IS PAID? THE ISSUES CONSIDERED…
We have had a flurry of cases recently about the consequences of failing to pay the correct fee when issuing proceedings. Here we have a case where the court considers the implications of a failure to pay the correct fee…
SERVICE POINTS 37 : IS SERVICE ON A P.0. BOX GOOD SERVICE? (OH – AND BY THE WAY – AS IT TURNS OUT – THE CLAIM FORM WAS NEVER, IN FACT, SERVED AT ALL): A BIT OF A SURPRISE FOR THE CLAIMANT AT THE APPEAL STAGE
Is service on a P.O. Box address good service? That was the issue being considered in this appeal. However the claimant was in for a bit of a shock. Enquiries by the judge revealed that the claim form had never…
WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 29th APRIL 2026
The Court of Appeal’s recent decision in Attersley v UK Insurance Ltd [2026] EWCA Civ 217 has sharpened the costs risks faced by claimants who accept a Part 36 offer outside the relevant period. While a claimant who accepts late…
COMMERCIAL LITIGATORS ON THE NAUGHTY STEP 4: WHY IS PD57AC BREACHED SO OFTEN? “SOLICITORS MIGHT FEEL UNDER PRESSURE TO SIGN CERTIFICATES OF COMPLIANCE … EVEN WHEN THEY KNOW THAT STATEMENTS WERE NOT COMPLIANT…”
There has a been a regular flow of cases where the courts have commented that PD57AC has not been complied with, it is “more honoured in the breach than the observance”, was noted in one judgment. Given that these are…
COMMERCIAL LITIGATORS ON THE NAUGHTY STEP 3: WHY PD57AC WAS INTRODUCED: “THE PROPER AND SENSIBLE SCOPE OF EVIDENCE-IN-CHIEF IS NO LONGER THE STOCK-IN-TRADE KNOWLEDGE OF THOSE RESPONSIBLE FOR PROOFING WITNESSSES…”
It is useful to remember why the strictures in PSD57AC were introduced. It followed the report of the Witness Evidence Working Group which was produced at the end of 2019. That report highlighted some major issues in relation to the…
CLAIMS FOR LOSS OF EARNINGS: AVOIDING THE PITFALLS: WEBINAR 19th JUNE 2026 (TOGETHER WITH A USEFUL QUESTIONNAIRE AND SERIES OF CHECKLISTS)
It is surprising how many allegations of negligence are made against lawyers because of a failure to consider and obtain damages for loss of earnings. In addition there are a growing number of cases where claimants have come to grief…
THE “WEAPONISATION” OF APPLICATIONS TO COMMIT IN CIVIL PROCEEDINGS: IT’S NOT CLEVER, IT’S NOT “TOUGH” AND IT CERTAINLY IS NOT A MARKETING TOOL
There are some interesting, and important, observations in this judgment about the use (or misuse) of applications to commit in civil proceedings. The judge felt that this case was part of a larger trend to “weaponise” contempt proceedings as part…
THROWBACK FRIDAY: SCHEDULES AND COUNTER-SCHEDULES ARE NOT A “NUMBER CRUNCHING EXERCISE” (APRIL 2018)
If there is a judgment that still resonates in practical terms today it is the one we are considering here. It asks the answer how should schedules be drafted? It then gives the answers. This was in a case where…
WITNESS STATEMENTS SERVED LATE: THE COURT GRANTED RELIEF FROM SANCTIONS – BUT… : BE WARY OF MISSING THINGS WHEN OTHER THINGS ARE GOING ON…
Here we have a case where both parties failed to comply with a direction to file witness statements by a certain date. The court granted relief from sanctions, and it is easy to see why. However it is case that…
COMMERCIAL LITIGATORS ON THE NAUGHTY STEP 2: NON-COMPLIANCE WITH PD57AC: “HE KNOWS NOT OF WHAT HE SPEAKS”
Over the next week there will be a short series dealing with errors and omissions relating to witness statements and PD57AC. What is surprising is how much material there is. These rules are five years old this month, yet we…
SERVICE POINTS 36 : “THIS IS AN AREA OF UNDOUBTED STRICTNESS”: ERRORS IN SERVICE OF THE CLAIM FORM WERE FATAL TO THE CLAIM
Regular readers of this site will not need reminding of the strictness of the rules relating to service of the claim form. Here we have another example. The claimant failed to serve the sealed claim form within the period allowed…
PERSONAL INJURY POINTS 12: WHAT IS A CLAIMANT TO DO ABOUT CRU IF THE DEFENDANT IS NOT INSURED AND NOT RESPONDING?
This case considers the issues that arise when a defendant has failed to comply with its statutory obligation to notify the Compensation Recovery Unit of a claim. What duties does the claimant have in these circumstances. The blunt answer is…
SERVICE POINTS 35: HOT OFF THE PRESS: THE HIGH COURT UPHOLDS INITIAL FINDING THAT AN ELECTRONICALLY ISSUED AND SUBSQUENTLY AMENDED CLAIM FORM DOES NOT HAVE TO BE RE-SEALED PRIOR TO SERVICE
The cases on service of the claim form continue to flow. Here the defendant appealed a decision that it was not necessary for a claimant to serve a sealed copy of an amended claim form. As we shall see the…
SERVICE POINTS 34: IS SERVICE BY EMAIL IS STILL VALID – IF IT SITS IN THE RECIPIENT’S SPAM BOX?
There is an ongoing consultation process about the use of email in civil procedure. It is now commonplace, almost universal. However what is the situation where the email, carrying important notification, lands inside the recipient’s spam box? That is the…
DEDUCTING COSTS FROM THE CLAIMANT’S DAMAGES: A DEDUCTION OF £2,500 REDUCED TO £330: THE WARNING NOTICE FROM THE SRA REITERATED IN A COURT JUDGMENT
The previous post mentioned a webinar this Friday on deducting costs from the client’s damages. Right on cue this judgment occurred on that very topic. It makes some very important observations. It has created more work in preparing the webinar,…
DEDUCTING COSTS FROM THE CLIENT’S DAMAGES: THE LAW AND PRACTICE: WEBINAR 24th APRIL 2026
Recent cases have shown that the issues relating to to deducting costs from the client’s damages remain controversial and highly contested. This webinar examines the regulatory framework and case law governing the deduction of legal costs from a client’s damages…
AN APPEAL WAS LODGED IN TIME: SOMETIMES THE COURT DOES NOT HELP – BUT HINDER: “I HAVE CONCLUDED THAT THE COURT THWARTED THE LITIGANT’S PROPER AND REASONABLE ATTEMPT TO BRING THE APPEAL IN TIME”
Here we have a case where an important time limit was, on the face of it missed, because the court itself “thwarted” genuine attempts to lodge an appeal in time. It is an object lesson the care that needs to…
THROWBACK FRIDAY: THE DANGERS OF LETTING WITNESSES GIVE “OPINION” EVIDENCE: TWELVE YEARS ON AND THINGS MAY HAVE NOT CHANGED THAT MUCH: APRIL 2014
Here we look at at post from twelve years ago concerning judicial protestations about opinion evidence in witness statements. Despite all the warnings have occurred since, and the advent of PD57AC, this remains a regular (and improper) occurrence. We looked…
MAZUR MATTERS 61: A COMPARISON OF THE LAW SOCIETY GUIDANCE BEFORE AND AFTER THE COURT OF APPEAL DECISION
The Revised Law Society Guidance on Mazur was looked at in a previous post. Whilst we wait for the SRA Guidance it may be useful to look at the key differences in the Law Society Guidance before and after the…
MAZUR MATTERS 60: THE REVISED LAW SOCIETY GUIDANCE NOTE: SOME KEY POINTS: THIS WILL REQUIRE CLOSER OVERSIGHT OF THE WORK BEING DONE
One remarkable aspect of the Mazur decision is that in a very real sense it is the losers of the case who get to decide what goes on going forward. The Court of Appeal rejected the submissions of the Law Society…
THERE WAS NO AGREEMENT TO EXTEND TIME FOR SERVICE AS THE DEFENDANT ASSERTED: THE SCCO REFUSES TO SET ASIDE A DEFAULT COSTS CERTIFICATE
This is an interesting judgement on two levels. Firstly the judge did not accept the defendant’s contention that there had been an agreement to extend time for service of Points of Dispute to a bill of costs. Secondly, applying the…
MAZUR MATTERS 59: REMEMBER THAT MOST OF THIS AROSE BECAUSE SOMEONE DIDN’T KNOW (OR APPLY) THE CORRECT RULES AS TO FIXED COSTS
One underlying irony about the Mazur debacle is that most of the problems arise because of a mistake as to costs. The Circuit Judge ordered Ms. Mazur and Mr Stuart £10,653 when, in fact, the costs should only have been £636.00. …
COST BITES 376: THE NEED TO KEEP THE CLIENT INFORMED OF COSTS BEING INCURRED: THE SOLICITOR SHOULD HAVE INFORMED THE CLIENT THAT COSTS OF US $35,343,213.96 WERE BEING INCURRED
This judgment highlights the need for a solicitor to keep the client fully informed of the costs incurred. The judge observed that the SRA Code of Conduct imposed a positive duty on a solicitor to give the client the best…
BACK TO BASICS MONDAY: TIME LIMITS FOR CHALLENGING SOLICITORS’ BILLS
There have been a large number of posts recently relating to solicitor and own costs assessments. Many of these cases have related to the issue of whether bills delivered were “statute” bills “interim statute bills” or simply interim bills. The…
AVOIDING THE PITFALLS: DRAFTING SCHEDULES OF DAMAGES: WEBINAR 16th APRIL 2026: WITH SOME INTERESTING QUOTES TO WHET YOUR APPETITE..
Drafting a Schedule of Damages is not simply a mathematical calculation. It requires legal knowledge, careful analysis, attention to evidence, and practical judgement. Courts frequently criticise poorly prepared schedules, particularly where figures are unsupported, exaggerated, or inconsistent with the evidence….
USEFUL CHECKLISTS TO HELP ENSURE COMPLIANCE WITH MAZUR: PART OF THE MATERIALS PROVIDED WITH THE WEBINAR ON THE 9th APRIL
The webinar on Thursday provides a wealth of material in relation to compliance with the Court of Appeal guidance as to the conduct of litigation after the Court of Appeal decision in Mazur. In addition there is a series of…
MAZUR(ISH) MATTERS 59: UNQUALIFIED PERSON NOT ALLOWED TO REPRESENT PARKING COMPANY AT A SMALL CLAIMS HEARING
I am grateful to Ritchie Young for sending me a copy of this judgment in which the District Judge refused to allow an unauthorised person a right of audience in a small claims track case. It is not technically part…
MAZUR MATTERS 58: LEARN HOW TO SUPERVISE STAFF PROPERLY – OR RISK GOING TO JAIL: IT IS WISE TO RECORD SUPERVISION ARRANGEMENTS FULLY
One key element of the Mazur decision, that needs repeating, is that it does not allow unauthorised persons to “conduct” litigation. It allows unauthorised people to assist and conduct the tasks involved in litigation so long as they are properly…
BACK TO BASICS MONDAY (ON A TUESDAY…) : THE RULES ABOUT SERVING NOTICE OF APPLICATIONS: SERVE AS SOON AS PRACTICABLE – OR TAKE THE RISK
There are cases where those making applications make a tactical decision not to serve the application at once. They think, wrongly, that the rules only require three days notice to be given. This belief if wrong. As we shall see…
MAZUR MATTERS 57: THE INDEMNITY INSURER’S VIEW: “DOES IT CHANGE THAT MUCH REALLY?”: “I STRUGGLE TO THINK OF REAL LIFE SCENARIOS THAT WOULD HAVE FALLEN FOUL OF SHELDON J’S DISTINCTION BUT ARE NOW LAWFUL (AND VICE VERSA)”
I have written several times that when it came to providing practical guidance on how to deal with the Mazur judgment it was often insurers that were far more helpful than the regulators. It is worthwhile having a look at…
ANOTHER CASE ON FAILING TO PAY THE COURT FEE: AN APPEAL WAS STILL LODGED IN TIME EVEN THOUGH NO FEE WAS PAID AT ALL
Here we have a case that extends the principles in Siniakovich v Hassan-Soudey. The Court of Appeal held that a statutory appeal was lodged within time, even though it was sent by email to the court and no fee was…
MAZUR IN THE COURT OF APPEAL: THE IMPLICATIONS FOR PRACTITIONERS: (THIS IS NOT “AS YOU WERE”): WEBINAR 9th APRIL 2026
I have already written about the misunderstandings that have occurred in relation to the Mazur judgment. The judgment is far more nuanced than some commentators suggest and a detailed knowledge of what is required is essential for anyone involved in…
MAZUR MATTERS 55: THINGS WE DON’T KNOW THE ANSWER TO (2): WHAT DEGREE OF SUPERVISION IS REQUIRED: THIS “WILL ALWAYS DEPEND ON THE CIRCUMSTANCES”
It is important to note that the Court of Appeal decision yesterday did not create a “free for all” for unauthorised persons to undertake the conduct of litigation. Far from it. A central part of the judgment was the need…
THE MAZUR DECISION TODAY 5: THE “NUANCED” BITS: IT IS ALL ABOUT DELEGATION OF TASKS AND SUPERVISION (AND HERE IT IS OVER TO THE REGULATORS…)
I have already written that the judgement is Mazur is far more nuanced than many commentators have suggested. It does not give a “free for all” for non-authorised persons to litigate. Rather it gives authorised lawyers the ability to delegate…
THE MAZUR DECISION TODAY 3: NO DEFINITIVE DEFINITION OF THE CONDUCT OF LITIGATION: BUT WE DO HAVE THE “MAGNIFICENT SEVEN”
We continue our look at the judgment today by looking at the court’s more detailed consideration of what was meant by the “conduct of litigation”. The court did not give a definition. However it did give seven key points as to…
MAZUR COURT OF APPEAL DECISION TODAY: JUDGMENT AT FIRST INSTANCE OVERTURNED: THE SUPERVISION OF UNAUTHORISED PERSONS
I will be writing about this judgment throughout the day. The first posts will contain a summary of the views from the court. Later posts will analyse the position as a whole. This post contains a consideration of the carrying…
MASTERING PD57AC – GETTING WITNESS STATEMENTS RIGHT IN THE COMMERCIAL COURTS (AND THE CONSEQUENCES IF YOU DON’T): WEBINAR 30th APRIL 2026
Witness statements can make—or break—your case in the Commercial Courts. Since the introduction of Practice Direction 57AC in April 2021, the courts have repeatedly emphasised that compliance is not optional. Yet many practitioners continue to fall into the same costly…
THE CURRENT IMPORTANCE OF PLEADINGS 63: WHEN ARE AMENDMENTS TO PLEADINGS “CONSEQUENTIAL” – DOES A PARTY HAVE “GENERAL RIGHT” TO INTRODUCE NEW MATTERS?
Here we continue with our examination of attempts to amend pleadings. We are looking at the same case as the previous post but a different judgment from a different judge. Here the claimant amended its Particulars of Claim and the…
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