COSTS INFORMATION AND THE OMBUDSMAN 2: POOR COSTS INFORMATION: NOT INFORMING THE CLIENT ABOUT COSTS UNTIL TWO YEARS INTO THE RETAINER…
We are taking a close look at several Legal Ombudsman decisions in relation to costs, more particularly information about costs in litigation. Here the firm of solicitors did not provide any information about potential costs for a year after being…
THROWBACK FRIDAY: LITIGATION: WHAT IS AN APPROPRIATE CASE LOAD – AND IS IT IMPORTANT? (MARCH 2016)
Here is a post from a decade ago with an issue that remains just as relevant today. What is an appropriate case load for litigators? How do we find the balance between economic survival and overloading, stress and the major…
COSTS INFORMATION AND THE OMBUDSMAN 1 : WHILST COSTS CAN BE DIFFICULT TO PREDICT THE FIRM SHOULD HAVE PROVIDED AN ESTIMATE BASED ON THEIR PROFESSIONAL KNOWLEDGE AND EXPERIENCE…
We continue with our examination of recent Legal Ombudsman decisions in relation to providing estimates of costs in particular. Here we have a finding that the information given as to the costs of litigation was inadequate. “Whilst I appreciate…
THE DEFENDANTS’ APPLICATION WAS AN ABUSE OF PROCESS: THE DANGERS OF TRYING SIMILAR THINGS A SECOND TIME AROUND: “THE HENDERSON AND HUNTER PRINCIPLES APPLY TO INTERLOCUTORY HEARINGS AS MUCH AS TO FINAL HEARINGS”
This is an interesting case on the relevance of the “Henderson” principles to applications, in this case for reverse summary judgment/to strike out the claim. A similar application had been made much earlier in the litigation. The judge found for…
IMPORTANT COURT OF APPEAL DECISION TODAY: A CLAIM IS BROUGHT WHEN A CLAIM FORM IS SENT TO THE COURT EVEN IF IT DOES NOT HAVE THE CORRECT ISSUE FEE
This Court of Appeal decision today clarifies the position when a claimant files a claim at court but mistakenly does not pay the correct fee. The Court held that the claim was “delivered” when the claim was filed at court….
SERVICE POINTS 29: WOULD THE COURT STRIKE OUT THE ACTION WHEN THE CLAIMANT FAILED TO COMPLY WITH A r. 7.7 NOTICE?
It is unusual to see cases about the operation of CPR 7.7. This rule allows a defendant to serve a notice requiring that a claim form be served. In this case the claimant did not comply and the defendant applied…
THE SECRETARY OF STATE REQUIRED RELIEF FROM SANCTIONS: “AN APPALLING MANIFESTATION OF A LAX CULTURE OF NON-COMPLIANCE”
For (at least) the third time in recent weeks we are considering defaults or mistakes made on behalf of a Secretary of State. The delays and mistakes here were manifold. The Secretary of State was fortunate in obtaining an extension…
ACTION STRUCK OUT BECAUSE OF APPLICANT’S FAILURE TO COMPLY WITH A PEREMPTORY ORDER: (THIS MAY WAKE YOU UP ON A MONDAY MORNING…)
Here we have a case, brought be a professional liquidator, which was struck out because of a failure to comply with a peremptory order as to disclosure. It serves as an object lesson in the need to educate a client…
BACK TO BASICS MONDAY: THE MANDATORY REQUIREMENTS FOR THE TOP RIGHT HAND CORNER OF ANY WITNESS STATEMENT OR AFFIDAVIT
Here we are looking at one of the basic rules for witness statements. Curiously it is ignored in about 40 – 50% of the statements I see in practice. Often the oversight is ignored. Some judges take a hard line….
AVOIDING THE PITFALLS: WITNESS EVIDENCE AND WITNESS STATEMENTS: WEBINAR 6th MARCH 2026
We have seen a lot of issues over the years in relation to the drafting of witness statements and presentation of witness evidence. There are many cases that illustrate the problems that arise. This webinar aims to head off those…
MAZUR MATTERS 52: AND NOW WE WAIT… STATUTORY CONSTRUCTION AND “DANCING ON A PINHEAD” : SOME USEFUL LINKS
The arguments in the Mazur appeal have been completed. The profession now awaits. I was able to watch the first 1 1/2 days. I have to say that phrase “dancing on a pinhead” came to mind when I was…
THE CURRENT IMPORTANCE OF PLEADINGS 57: A CASE ALLEGING PROFESSIONAL NEGLIGENCE AGAINST A SOLICITOR WAS NOT ADEQUATELY PLEADED
We are looking at the same case as in the earlier post, but from a different angle. The case has some particular pleading points. The claimant pleaded that the solicitor was negligent in not instructing counsel, but did not plead that…
PROFESSIONAL NEGLIGENCE NEWS: A SOLICITOR WAS NOT NEGLIGENT IN ADVISING THE CLAIMANT TO SETTLE: NEITHER COUNSEL’S ADVICE NOR AN EXPERT REPORT WERE NECESSARY
Fortunately for the courts and legal system most civil cases settle. Advising on settlement terms carries some risks, and requires a high level of judgment. Some clients will be dissatisfied with the settlement reached and blame the lawyers involved for…
FATAL ACCIDENTS WEBINAR SERIES 2026: ADVANCE NOTICE : JUNE – JULY 2026: BASIC PRINCIPLES AND SOME INTERESTING NEW DEVELOPMENTS CONSIDERED
The recent High Court decision in Denning v Stone [2025] EWHC 3517 (KB) is a powerful reminder of the very particular nature of fatal accident damages. Although the deceased’s farm was not making a profit, the court awarded £377,577 to…
BACK TO BASICS MONDAY: WHAT HAS TO HAPPEN WHEN A LEGAL REPRESENTATIVE SIGNS THE STATEMENT OF TRUTH: A STARK REMINDER
There are major dangers when a lawyer signs a statement of truth on behalf of their client. I had actually planned a post on this issue before seeing the judgment last week which features below.. For many years this site…
THE CURRENT IMPORTANCE OF PLEADINGS 55: THE PARTICULARS OF CLAIM CONTAINED A (SIGNIFICANTLY) FALSE FACT: JUDGE FINDS THAT THIS WAS PRINCIPALLY DUE TO THE FAULT OF “BARRISTER M”
It is rare for a judgment about pleadings to be “gripping” reading. We have such a case here. From the opening lines, to the detailed consideration of how the pleadings went wrong, the narrative is compelling. We even have an…
THROWBACK FRIDAY: “STAYING SANE AS A LITIGATOR: SHARING THE PAIN” (FEBRUARY 2020) (WITH LINKS TO THE WHOLE SERIES)
In this series I always try to look at posts that remain relevant today. This post, indeed the series it was in from 2019 – 2020, clearly remain topical. The Law Society Gazette last week reported that a record number…
CASE FAILED BECAUSE CLAIMANTS’ SOLICITORS ATTEMPTED TO ISSUE USING THE WRONG METHOD: THE DANGERS OF LEAVING THINGS TO THE LAST MINUTE
There are always profound dangers in leaving the issue of proceedings to the last minute. This case illustrates that danger. The claimants left it to days before the expiry of the limitation period before applying to issue. They used the…
EXPERT WATCH 36: THE JUDGE FINDS THAT EXPERT EVIDENCE IS “LITERALLY UNBELIEVABLE” (AND IT GETS WORSE…) “I MEAN, IT IS DISHONEST, FULL STOP”
We are used to seeing judicial criticism of experts on this site. We have an example here of a claimant’s case coming to grief because the judge did not accept her evidence or the evidence of the two experts called…
PART 36: RECENT CASES, KEY ISSUES AND KEY PROBLEMS CONSIDERED: WEBINAR 26th FEBRUARY 2026
A detailed working knowledge of Part 36 in practice is no longer optional for litigators. Recent decisions show the courts applying the rules with increasing rigour, exposing parties to serious and often unexpected costs consequences. This webinar cuts through…
SERVICE POINTS 27 : EXTENSION OF TIME TO SERVE CLAIM FORM SET ASIDE: FAILURES IN THE DUTY TO GIVE FULL DISCLOSURE PLAY A MAJOR PART
We have got to the middle of February and this is (I think) the first case about failures of service of the claim form this year. This case has a history we have seen a lot on this site. The…
WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION (2): CONTRIBUTIONS FROM THE NICE PEOPLE OF TWITTER:
I am here summarising the Advice given by lawyers on the social media site formerly known as Twitter. In April 2019 I asked lawyers what their advice would be for their colleagues in the profession when things go wrong. Specifically…
BACK TO BASICS MONDAY: THE DIFFERENCE BETWEEN THE DATE OF RECEIPT AT COURT FOR LIMITATION PURPOSES AND DATE OF ISSUE FOR THE PURPOSES OF SERVICE: AVOID TESTING THIS DISTINCTION IF YOU CAN
Here we look at an issue that can cause confusion, it is important from the point of view of determining the date from which the date of service runs. The relevant date for limitation purposes is the date of receipt…
COST BITES 348 : A PARTY SEEKING SECURITY FOR COSTS SHOULD HAVE INCLUDED TIME SPENT IN SETTLEMENT AND ADR
There is an interesting comment at the end of the judgment. The judge made an order for security for costs. However he also expressed concern that the defendant’s estimated costs did not include anything in relation to the costs of…
MEMBER NEWS: A REMINDER OF MEMBER BENEFITS AND WHERE TO FIND THE DISCOUNT CODES: ESSENTIAL TOPICS COVERED IN WEBINARS THROUGHOUT THE YEAR
A reminder that member subscribers have access to discounts on webinars being presented throughout the year. The details of the webinars, the discounts and how to find the discount codes are below. The first webinar sets out the practical consequences…
THE CURRENT IMPORTANCE OF PLEADINGS 54: ALTHOUGH THE PARTICULARS WOULD NOT BE STRUCK OUT SOME WORDS NEED TO BE CHANGED: CHOOSE YOUR WORDS WITH CARE…
We are returning to look at the case where the Master refused to strike out pleadings on the grounds that they were an abuse of process. However it was also made clear that the use of certain words in the…
AVOIDING THE PITFALLS OF LIMITATION AND MAKING SECTION 33 APPLICATIONS: WEBINAR 20th FEBRUARY 2026 (MAKE SURE YOU’RE ON TIME…)
We have seen a few interesting cases about limitation in the past 12 months. Misunderstanding, and missing, limitation periods remains a frequent issue in modern litigation. This webinar deals with common issues and problems that arise with limitation in practice….
WITNESS EVIDENCE WEDNESDAY: THE USE OF ARTIFICIAL INTELLIGENCE IN THE DRAFTING OF WITNESS STATEMENTS: “IT IS DIFFICULT TO DISTINGUISH BETWEEN WHAT F SAYS AND WHAT AN ALGORITHM TELLS F TO SAY”
There is much material about witness evidence and witness statements on this site. In recent years we have also been discussing the use (and misuse) of artificial intelligence. We can be fairly sure that there will be much more about…
WHAT TO DO WHEN THINGS GO WRONG IN LITIGATION(1): A PRIMER FOR “WHEN THE SKY IS FALLING”
Very little (if any) of the legal curriculum is devoted to what to do when things go wrong. Not enough (in my view) is devoted to preventing things go wrong. However here we concentrate on what do when something goes…
WE HAVE SEEN HOW ALLEGED FAILURES IN PROVIDING COSTS INFORMATION EXPOSES SOLICITORS’ FIRMS TO RISK : A STRATEGY TO AVOID THE SAME OUTCOMES: ADVANCE NOTICE OF WEBINAR ON THE 19th MARCH 2026
Recent Legal Ombudsman decisions show that solicitors’ firms are being ordered to repay substantial fees and pay significant compensation for failures in costs information — even where the underlying litigation has been competently conducted. This webinar uses Knight and other recent…
BACK TO BASICS MONDAY: WHEN YOU MUST AND WHEN YOU CAN’T SERVE THE CLAIM FORM ON A SOLICITOR: TRY TO AVOID TELLING THE COURT YOU ARE “SURPRISED” BY THE RULES…
The issue of when a claim form can be served on a defendant’s solicitor is one that has been considered many times on this site over the years. There can be two fatal errors for claimants. (1) Serving on a…
COST BITES 345: RECEIVING PARTY’S FAILURE TO FILE ALL RELEVANT DOCUMENTS ON A PROVISIONAL ASSESSMENT RENDERS THE ASSESSMENT A NULLITY: CLEVER AND COMPLEX ARGUMENTS DID NOT PREVAIL
What are the consequences if a party lodging the documents for a provisional assessment of costs fails to file all the relevant documents and the assessment goes ahead without the judge seeing all the points of dispute? . This is…
COST BITES 344: INSOLVENCY COURT HAS POWER TO MAKE A PRO BONO COSTS ORDER FOR THE COSTS OF COUNSEL: POINTS TO WARN ABOUT IF YOUR OPPONENTS ARE ACTING ON A PRO BONO BASIS
We have looked at pro bono costs orders several times. This case has an unusual twist in that the case was an insolvency case. The judge considered the Insolvency Rules and found that the court had power to make an…
THE PROFOUND DIFFICULTIES IN AMENDING PROCEEDINGS TO SUBSTITUTE A PARTY AFTER THE LIMITATION PERIOD HAS EXPIRED: COURT OF APPEAL DECISION TODAY: WHY CLAIMANTS HAVE TO BE CERTAIN OF WHO THEY ARE SUING…
This decision today emphasises the difficulties for a claimant who has waited until near the end of the limitation period, issued and then finds that they have not sued the correct defendant. It is now less likely that a court…
THROWBACK FRIDAY: MAKING SURE YOU ARE “LEGALLY STREETWISE”: “CLIENT’S MAY SEEK TO TAKE ADVANTAGE OF YOU” (FEBRUARY 2016)
This post started in an unusual way. It was originally an online post from a firm of solicitors (Darlingtons) and I obtained their permission to set out the key points. Unfortunately Darlingtons are no longer trading and the full post…
WHEN THE CLAIMANT IS A SOLICITOR’S FIRM AND THE PROGRESS OF THE CLAIM “HINDERED BY A SERIES OF PROCEDURAL BREACHES”: NOT A GREAT START TO THE CASE
It is a poor start to a solicitor’s application for judicial review of the Legal Ombudsman when the firm itself has failed to comply with rules and directions. We have such a case here. The claimant firm applied for judicial…
AVOIDING THE PITFALLS: PROCEDURAL DEFAULT, SANCTIONS AND OTHER ISSUES THAT CAUSE ACTIONS TO FAIL: WEBINAR 6th FEBRUARY 2026
As regular readers of this site know procedural mistakes derail more civil claims than weak evidence or bad law. Missed deadlines, defective pleadings, non-compliance with court directions and costs failures can all result in serious sanctions — or the claim…
THE CLAIMANTS FILED A NOTICE OF APPEAL OUT OF TIME: COURT REFUSES AN EXTENSION: SOME IMPORTANT LESSONS HERE: OUT OF TIME MEANS OUT OF COURT…
One thing anyone considering an appeal should know, with absolute certainty, is the date the appeal has to be lodged. This, in turn, involves knowing the date on which the period starts running. Here we see a case where the…
RELIEF FROM SANCTIONS REFUSED : WHEN NON-COMPLIANCE ALMOST APPEARS TO BE A LITIGATION STRATEGY: HAVING A BONA FIDE CLAIM DOES NOT GIVE YOU A FREE PASS
Here we have a case where the Court of Appeal considered the Denton principles in some detail. The judgment provides a useful reminder of some basic principles. Firstly that a litigant seeking relief from sanctions cannot complain about the original…
EXPERT WATCH 33: WHEN AN AN EXPERT RELIES ON THE FINDINGS OF A PREVIOUS EXPERT: THIS CAN LEAD TO DIFFICULTIES…
I am grateful to Jim Shepphard solicitor for sending me a copy of this report part of which relates to to the assessment of expert evidence. The claimant’s expert had a problem because their report was based, in part, on…
YOU HAVE TO PAY THE FULL COURT FEE: THE FACT THAT A COURT HAS ACCEPTED A FEE DOES NOT RENDER IT “FUNCTUS OFFICIO”
Here we have an ingenious argument that a court could not claim a higher court fee. It was an ingenious argument that failed. This shows the importance of claimants knowing the value of a case when they issued, and the…
PART 36 IN THE PAST 12 MONTHS: WHAT PRACTITIONERS NEED TO KNOW: WEBINAR 26th FEBRUARY 2.00 pm (THREE TRACTORS, TWO FIELDS AND FAILING TO BEAT AN OFFER BY A “WHISKER”)
The past 12 months have seen some important cases about Part 36. Every civil litigator needs to keep up to date with these developments. This webinar looks at the cases and considers the practical implications for litigators. DATE AND TIME…
AVOIDING THE PITFALLS: PROCEDURAL DEFAULT, SANCTIONS AND OTHER ISSUES THAT CAUSE ACTIONS TO FAIL: WEBINAR 6th FEBRUARY 2026: REMEMBER WE LOOK AT THESE PROBLEMS TO TRY TO MAKE SURE YOU DON’T HAVE THEM
The next webinar in the “Avoiding the Pitfalls” series is a 90 minute long webinar on the 6th February 2026. The webinar examines the most common procedural problems and practical difficulties that arise in civil litigation. It explores where and…
ONE OF THE PERILS OF OBTAINING AN INJUNCTION: AN INTERVENER GIVEN LIBERTY TO APPLY TO BRING A POTENTIAL CLAIM FOR DAMAGES CAUSED BY AN INJUNCTION: LITIGATORS MUST GIVE CAREFUL ADVICE…
A party seeking an injunction is usually required to give an undertaking as to damages. That undertaking normally extends to the defendants/respondents to the injunction. However the terms of the injunction often give third parties affected by the injunction a…
BACK TO BASICS MONDAY: THE IMPORTANT DIFFERENCE BETWEEN A “NON-ADMISSION” AND A DENIAL: IF YOU DENY – YOU HAVE TO SAY WHY…
Some defences adopt a scattergun approach of “denying” everything. Some are more selective – they “put the Claimant to strict proof”. Many defences ignore the important distinction between a non-admission and a denial. It is important that practitioners know the…
THROWBACK FRIDAY: WITNESS STATEMENTS THAT DON’T COMPLY WITH THE RULES: 10 REASONS WHY GIVING THE SOURCE OF INFORMATION IS IMPORTANT (FROM JANUARY 2018)
Today we go back to a post from January 2018 on a point that remains just as relevant today. There is a mandatory requirement that a witness give the source of their information and belief. A surprising number of witness…
COST BITES: 330 THE ABSENCE OF A COSTS SCHEDULE DOES NOT MEAN THAT A SUCCESSFUL RESPONDENT IS GOING TO BE DEPRIVED OF THEIR COSTS
Here we have an interesting issue about whether the successful respondent to an appeal should be deprived of their costs because a costs schedule had not been filed. The appellant’s alternative argument was that the respondent should be ordered to…
THROWBACK FRIDAY: EXTENDING TIME FOR SERVICE OF THE CLAIM FORM ALWAYS WAS (AND REMAINS) A RISKY BUSINESS
This week we go back to January 2016. It is a post about the dangers of applying for extensions of time to serve the claim form. The points made a decade ago remain equally valid today. We saw several cases…
AVOIDING THE PITFALLS: SERVICE OF THE CLAIM FORM: WEBINAR 23rd JANUARY 2025: HOW TO AVOID “DICING WITH PROCEDURAL DEATH”
Readers of this blog know that issues relating to service of the claim form are a regular feature of the blog. There were numerous posts last year. There are likely to be issues throughout 2026. This webinar is designed to…
PROVIDING LEGAL SUBMISSIONS WITH INACCURATE CASE SUMMARIES: THE REPRESENTATIVE WHO WOULD “NEITHER CONFIRM OR DENY” THAT AI WAS USED
We are returning to the vexed issue of the (mis) use of Artificial Intelligence when providing written submissions to the court (in the case the First Tier Tribunal). The judge found that summaries provided were inaccurate. The judgment points…
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