SERVICE OF THE CLAIM FORM: TWELVE THINGS YOU NEED TO KNOW TO AVOID “DICING WITH PROCEDURAL DEATH”
This is a periodic post (every 3 – 4 years or so) about issues relating to service of the claim form. It will be surprising if there are not cases (and subsequent blog posts) about service issues this year. There…
CLAIM FORM SENT TO DEFENDANT’S OLD REGISTERED OFFICE NOT PROPERLY SERVED: CLAIMANT WAS NOT INSULATED AGAINST THE MISTAKES OF THEIR SOLICITORS
The judgment of District Judge Dawson in Jagger (& others) -v- Axa Insurance PLC, has enough material to keep this blog going for a month. (The judgment is available on a link from the Law Society Gazette here). I am…
SERVICE OF THE CLAIM FORM CASES: THE PAST 14 MONTHS: ANOTHER SEASON OF THE DREARY & UNLOVELY CROP OF PROCEDURAL SERVICE ISSUES: WEBINAR 5th FEBRUARY 2024
This year has seen a bumper number of reported cases on what Master McCloud has referred to as a “dry and unlovely crop of procedural service issues”. This webinar on the 5th February looks at the cases relating to the…
THE THINGS YOU FIND OUT HALF WAY THROUGH A TRIAL… A CASE VERY MUCH TO POINT: A REPOST
As part of the process of re-blogging posts that remain of general interest we are looking again at the case of Jollah, R (On the Application Of) v Secretary of State for the Home Department (No. 2) [2017] EWHC 2821 (Admin)…
COST BITES 114: LOOKING AT DETAILED ASSESSMENTS (3): SCHEDULES OF DAMAGES UNDER THE MICROSCOPE: THEY HAVE NOT BEEN DRAFTED SYSTEMATICALLY, OR WITH PROPER CARE AND ATTENTION
We are continuing with the series where we look closely at what can happen at a detailed assessment and return to the judgment of Cost Judge James in HD v Northern Devon Healthcare NHS Trust [2023] EWHC 2118 (SCCO). The judge…
HALLOWEEN FOR LITIGATORS: AN ICY (AND SCARY) BLAST FROM THE PAST: WHAT SCARES LAWYERS MOST?
Here we take a look back at the old, old, days of 2017. There was a suggestion there be a “Halloween” post for lawyers – what scares the legal profession most? . Having taken up the challenge I then promptly delegated…
WORKING REMOTELY: AVOIDING PROCEDURAL AND OTHER PITFALLS: WEBINAR 16th OCTOBER 2023
Working remotely can give rise to additional pressures on litigators, particularly in relation to procedural issues and dealing with problems that occur in litigation and with clients. This webinar looks at the major pitfalls that can occur in personal injury…
DRAFTING SCHEDULES OF DAMAGES: “THE SCHEDULE WAS A FICTION … THE POINT WAS RECOGNISED ON BEHALF OF BOTH CLAIMANTS”: SELECTED QUOTES (AND A WEBINAR)
The the judgment of Costs Judge James in HD v Northern Devon Healthcare NHS Trust [2023] EWHC 2118 (SCCO) is one of a long series of cases where judges have been critical of the way in which schedules of damages have been…
TWELVE KEY POINTS FOR PERSONAL INJURY LAWYERS ABOUT BANKRUPTCY AND INSOLVENCY (AND A PLUG FOR A WEBINAR)
I still see, on a fairly regular basis, problems caused in personal injury cases where a claimant is bankrupt and has failed to tell their lawyers. Equally often there are cases where it is clear that a claimant is, or…
WHEN IT IS OBVIOUS THAT THE STATEMENT IS NOT IN THE WORDS THAT WITNESS WOULD USE: A REMINDER OF THE DANGERS
There is a short passage in the judgment of Costs Judge Leonard in Pulford v Hughes Fowler Carruthers Ltd [2023] EWHC 1429 (SCCO)that is illustrative of the dangers of “lawyerly” witness statement. THE CASE The judge was considering issues of…
AVOIDING NEGLIGENCE CLAIMS IN PERSONAL INJURY LITIGATION: A RECAP OF THE FIRST SERIES
As part of the scroll through the “back catalogue” on this blog we are looking at the series from 2013 on avoiding negligence. Remember that this series was written 10 years ago. There may have been some changes since then,…
CLAIMANTS COME TO GRIEF OVER SERVICE OF UNSEALED CLAIM FORM: COURT OF APPEAL HOLD THAT CPR 3.10 APPLIES TO DEFENDANT’S MISCARACTERISED APPLICATION
It is rarely possible to get to the end of a month without some kind of discussion on this blog about service of the claim form. This month is no exception. In Pitalia & Anor v NHS England [2023] EWCA…
CLAIMANT’S CONVENTION CLAIM DISMISSED FOLLOWING ATTEMPT TO AMEND AFTER THE EXPIRY OF THE LIMITATION PERIOD
I am grateful to Barrister Katherine Howells for sending me a copy of the judgment in Hallett -v- TUI Airways Limited, a copy of which is available here Approved Judgment Hallett v TUI Airways Limited. The case deals with the…
LATE SERVICE OF THE PARTICULARS OF CLAIM: THE “TRAP FOR THE UNWARY” AND RELIEF FROM SANCTIONS
In Altiatech Ltd v Birmingham City Council [2023] EWHC 1371 (TCC) Mr Justice Waksman considered the position when a claimant served the Particulars of Claim late. The judgement refers to a specific rules in relation to procurement. However the point…
WITNESS CREDIBILITY:”BLAMING LEGAL ADVISERS FOR LEGAL DOCUMENTATION”: A CASE IN POINT
The judgment of HHJ Richard Williams (sitting as a High Court Judge) in Rancom Security Ltd v Girling & Ors [2023] EWHC 1115 (Ch) provides an interesting example of the assessment of witness credibility. It also highlights the point that…
“IT WAS TWENTY YEARS AGO TODAY”: A BATCH OF SERVICE OF THE CLAIM FORM CASES IN THE COURT OF APPEAL: A CHANCE TO REVIEW (OR REMINISCE..)
The Court of Appeal judgment in Cranfield & Anor v Bridgegrove Ltd. [2003] EWCA Civ 656 was given 20 years ago today. One of the aims of that judgment was to clarify issues relating to service of the claim form…
ISSUING IN HASTE BEFORE APRIL 6th: DO NOT REPENT AT LEISURE WITH SERVICE ISSUES IN FOUR MONTHS’ TIME
I have been told that there has been a flurry of activity this week with claimants anxious to issue proceedings before the change in the rules relating to QOCS. One problem with this is that there will now be numerous…
REDUCING THE RISKS OF ADVERSE COSTS ORDERS IN CIVIL LITIGATION: WEBINAR 23rd MARCH 2023
With the changes coming into place in relation to QOCS on the 6th April 2023 it is now more important than ever that claimants avoid adverse costs orders. This webinar looks at the best and safest means of litigating to…
ENSURING EVERYTHING GOES RIGHT IN FATAL ACCIDENT CLAIMS: WEBINAR 22nd FEBRUARY 2023
On the 22nd February 2023 I am presenting a webinar on Fatal Accidents “Ensuring Everything Goes Right”. This looks at the problem areas that can arise in fatal claims and how to avoid them. Booking details are available here. THE…
THE CLAIMANT HAD SIX WEEKS TO ISSUE AND SERVE THE CLAIM FORM AND WAS ONE DAY LATE: RELIEF FROM SANCTIONS REFUSED
In Halton Borough Council v Secretary of State for Levelling Up, Housing And Communities [2023] EWHC 293 (Admin) HHJ Stephen Davies (sitting as a High Court Judge) refused a claimant’s application for relief from sanctions. This was a case where…
CLAIMANT SOUGHT TO AMEND NAME OF THE DEFENDANT: CLAIM STRUCK OUT: ANOTHER PERIL OF TRAVEL LITIGATION
I am grateful to barrister Katherine Howells for sending me a copy of the decision of Deputy District Judge Causton in Gregory -v- TUI Airways Ltd, a copy of that decision is available here Approved Judgment Gregory v TUI. …
THE 10 YEAR LONGSTOP PERIOD IN PRODUCT LIABILITY CLAIMS: A POINT TO WATCH
There is one very tricky area of limitation law that I wanted to return to following the judgment in Coote -v- Ullstein [2022] EWHC 606 (QB). The case was looked at in detail here. However I want to concentrate on the…
HOW TO CALCULATE TIME IN THE CIVIL PROCEDURE RULES
Periodically I write reminders of the importance of being able to calculate time periods correctly. Sometime a miscalculation can lead to fundamental problems. AN EXAMPLE OF MISCALCULATION In Evans v Pinsent Masons LLP [2019] EWHC 2150 (QB) Mr Justice Martin Spencer overturned…
FATAL ACCIDENTS: AVOIDING THE PITFALLS: WEBINAR 28th JUNE 2022
This webinar is designed to look at those areas of fatal accident litigation where a lawyer can be negligent, or run into significant problems. Booking details are available here. TOPICS TO BE COVERED Important issues prior to death, the…
FISH FILES AND HOW TO FILLET THEM BEFORE THEY BITE AND YOUR PROBLEMS BECOME CAST IN STONE
I periodically write about fish files because I suspect they are the cause of a large percentage of procedural problems that arise in litigation. A “fish file” is a file that has been left for so long it has started…
ANOTHER FAILED SERVICE CASE: AGREEMENT TO ACCEPT SERVICE BY EMAIL DID NOT EXTEND TO DOCUMENTS ALREADY SENT
We have another case falling foul of the provisions in relation to service. In Allen v Mittal [2022] EWHC 762 (Ch) Deputy Insolvency and Companies Court Judge Agnello QC rejected an applicant’s arguments that an application had been served properly. …
SERVING THE CLAIM FORM PROPERLY – THE DIRE PROBLEMS IF YOU DON’T, AND THE LESSONS TO BE LEARNT FROM GOOD LAW: WEBINAR 11th APRIL 2022
The decision of the Court of Appeal today in The Good Law Project, R (On the Application Of) v The Secretary of State for Health And Social Care [2022] EWCA Civ 35 emphasises the need for all litigators to know,…
LITIGATION: WHAT IS AN APPROPRIATE CASE LOAD AND IS IT IMPORTANT? (A DELIBERATE REPEAT)
I first wrote about this issue in 2016. This went on to be part of a short series, such were the responses at the time. Appropriate workload is an important issue and relatively little is written about it. The issue…
CLAIM FAILS WHEN CLAIMANT SERVES A FIRM OF SOLICITORS AT THE WRONG ADDRESS: COURT REFUSES TO EXTEND CLAIM FORM
In Kelly v Ralli Ltd [2022] EWHC B5 (Costs) Cost Judge Rowley found that a claimant had failed to serve a claim form at the correct address. The action therefore failed. “The rules governing service are clear that it is the…
12 POINTS RELATING TO SERVICE OF THE CLAIM FORM: THINGS THAT YOU REALLY, REALLY, NEED TO KNOW: AN UPDATE
The recent Court of Appeal decision in Ideal Shopping Direct Ltd & Ors v Mastercard Incorporated & Ors [2022] EWCA Civ 14 highlights the need for constant awareness of issues relating to service of the claim form. It is an area…
SUING YOUR LAWYER: SOLICITORS NOT NEGLIGENT IN FAILING TO PASS ON COUNSEL’S VIEWS OR ADVISE ON THE RISKS OF LITIGATION
In Mervyn Lambert Plant Ltd & Anor v Knights Solicitors [2022] EWHC 165 (QB) Dan Squires QC, sitting as a Deputy High Court Judge, rejected the claimant’s argument that his former solicitors had been negligent in failing to inform him…
10 MYTHS ABOUT LIMITATION THAT EVERY PERSONAL INJURY LAWYER SHOULD KNOW
Here we look at ten “myths” (that is misconceptions) about limitation that can lead to personal injury litigators getting into difficulties. This is not the first time these issues have been examined on these blog. However these continue to be…
AVOIDING PROCEDURAL PITFALLS IN PERSONAL INJURY LITIGATION: WEBINAR 20th JANUARY 2022
There are a number of cases reported today in relation to service of the claim form and relief from sanctions. This may be an appropriate time to remind people of the webinar on the 20th January 2020 “Avoiding Procedural Pitfalls…
AVOIDING PROBLEMS WITH LIMITATION AND MAKING A SECTION 33 APPLICATION: WEBINAR 13th JANUARY 2022
On the 13th January 2022 I am giving a webinar on Avoiding Problems with Limitation and making a Section 33 application. Booking details are available here. THE WEBINAR The webinar looks at recent cases about limitation in personal injury…
ARE PARTICULARS OF CLAIM PROPERLY SERVED IF SENT (AT THE 12th HOUR) IN THE POST WITH THE CLAIM FORM? CIRCUIT JUDGE DECISION ON APPEAL
I am grateful to barrister Christopher Johnson for sending me a copy of the judgment of HHJ Ralton in the case of Ellis -v- The Chief Constable of Avon & Somerset Constabulary (HHJ Ralton, 16th November 2021). The judge was…
DISCLOSURE AND DOCUMENTARY EVIDENCE: WEBINAR 19th NOVEMBER 2021
There are many cases on disclosure on this blog. Almost invariably these involve something going wrong. For example in Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB) the court, on appeal, found that a claimant had been fundamentally honest…
IN THE RUN UP TO HALLOWEEN 4: THE “TOP 10” THINGS THAT KEEP LAWYERS AWAKE AT NIGHT
Last year I did a Top 10 of lawyer’s nightmares. The intervening year has not changed much, although there may be more emphasis on the failure of remote hearing platforms… We’ll start with every lawyer’s nightmare. Alastair David Time limits!!…
IN THE RUN UP TO HALLOWEEN 2: DEADLINES, COURTS AND IMPOSTER SYNDROME
In the run up to Halloween we continue our look back on posts about “scary subjects”. Here is one of the first series of group contributions, from 2017, where contributors from legal Twitter wrote about what scared them most. “Emailing…
SERVICE OF THE PARTICULARS OF CLAIM: IMPORTANT POINTS TO WATCH: “A TRAP FOR THE UNWARY”
We have seen many cases in relation to late service of the claim form. Different rules, and assumptions, apply to the particulars of claim. Over the years there have been many cases where service of the Particulars has caused…
WHEN A CLAIMANT’S SOLICITOR WAS “SURPRISED” ABOUT THE RULES RELATING TO SERVICE OF THE CLAIM FORM (THIS DIDN’T END WELL)
A number of people have kindly written to point out that issues relating to service of the claim form are in the news at the moment. The subject may have an interest beyond those of us involved in civil procedure. …
WHY NOT KNOWING THE RULES ABOUT SERVICE OF THE CLAIM FORM COULD COST YOU MORE THAN YOU WILL EVER EARN…
So far this year there have been over half a dozen cases relating to mis-service of the claim form reported on this blog. In many of the cases the claimant’s difficulties appear to be virtually self-inflicted. Several of the cases…
THAT CASE WHERE A CLAIMANT’S LAWYERS FAILED TO SERVE THE CLAIM FORM PROPERLY (THE SECOND TIME AGAINST THE SOLICITORS WHO WERE NEGLIGENT ON THE FIRST OCCASION)
If ever a case illustrated the dangers of not appreciating the rules as to service of the claim form. Dzekova -v- Thomas Eggar LLP [2015] EWHC 2600 (QB) which we have looked briefly before. It reveals a sorry tale of…
MASTER WAS RIGHT TO SET ASIDE AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: ANOTHER CLAIMANT’S ACTION BITES THE DUST
The judgment of Mr Justice William Davis in Qatar Investment And Projects Holding Co & Anor v Phoenix Ancient Art S.A. [2021] EWHC 2243 (QB) adds to the many, many, cases on this blog that deal with the dangers relating…
SERVICE OF THE CLAIM FORM: KEY CASES AND ISSUES 2021: A WEBINAR OF INTEREST TO ALL LITIGATORS
There appears to be no end of cases where claimants (and occasionally defendants) come to grief over issues relating to service of the claim form. A knowledge of the principles, and the reasons people often get it wrong, is essential…
“ONE PAGE OUT” (BUT SOMETIMES MORE): ELECTRONIC BUNDLES GENERATE DIFFICULTIES- FAILURES COULD LEAD TO SANCTIONS
In Hodgson v Creation Consumer Finance Ltd [2021] EWHC 2167 (Comm) (29 July 2021) HHJ Pearce, sitting as a High Court Judge, made some observations about the problems caused by the pagination of electronic bundles. We have the familar problem…
IN THE MIDNIGHT HOUR – THE SUPREMES’ VERSION: WHEN DOES THE LIMITATION PERIOD START TO RUN? (“WHAT A DIFFERENCE A DAY MAKES”)
Regular readers of this blog would reasonably suppose that lawyers like to live dangerously – leaving tasks to the last minute (and sometimes beyond). An example of this can be seen in the judgment today in Matthew & Ors v…
CASE AGAINST SOLICITORS WAS STATUTE BARRED: THE DANGERS OF MAKING ASSUMPTIONS IN RELATION TO LIMITATION PERIODS (AND WAITING SIX YEARS IN ANY EVENT)
In Elliott v Hattens Solicitors (a firm) [2021] EWCA Civ 720 the Court of Appeal found that an action against a firm of solicitors was statute barred. The loss had occurred more than six years prior to the date of…
LAWYERS, CLIENTS AND WITNESS STATEMENTS: REDUCING THE RISKS: SOME EXAMPLES AND A STRATEGY
Many people kindly send me cases for publication on this site. Sometimes the information they send with the case is as enlightening as the case itself. In a recent example I was told that a litigant had tried to throw…
SERVICE OF THE CLAIM FORM: SCOTTISH LAW: LIMITATION AND EXTENSIONS OF TIME: A LESSON HERE FOR US ALL
In Johnson v Berentzen & Anor [2021] EWHC 1042 (QB) Mrs Justice Stacey considered a case where a claimant inadvertently fell foul of Scottish limitation law. In Scottish cases proceedings need to be served within the three year period, it…
MORE ON WHAT TO DO WHEN THINGS GO WRONG: GOOD ADVICE IN TIMES OF STRESS AND PANIC
The Law Society Gazette today has an article by John Hyde “Prosecute the firms that force junior solicitors to cover up mistakes”. The central thrust of the argument is that there has to be a duty on firms employing lawyers…
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