HOW A FIRM OF SOLICITORS SHOULD NOT CONDUCT THEMSELVES IN LITIGATION: A WORKING EXAMPLE: EVIDENCE THAT WAS “GENERALLY UNRRELIABLE” AND “LACKING IN CREDIBILITY”
Here we are looking at a judgment that contains some remarkable observations and findings about the conduct of a solicitor. The judge was concerned not only about the failure to comply with directions, the inadequate nature of the statement of…
PROVING THINGS 284: APPLICANT FOR INJUNCTION FAILS ON JUST ABOUT EVERY POINT: THE CASE WAS DIFFICULT TO UNDERSTAND; NO EVIDENCE OF A RISK OF DISSIPATION; MATTERS THAT LEAVE THE JUDGE “BAFFLED” AND UNCOMFORTABLE
The applicant in this case sought an injunction. The application was (unusually) made on notice. The respondent did not have the opportunity to put in evidence. The applicant failed on just about every point. It was unclear what the applicant’s…
GETTING YOUR CASE INTO THE RIGHT COURT: A BIZARRE DECISION TO PUT A CASE IN THE CHANCERY DIVISION: MAKING THE CORRECT SELECTION IS IMPORTANT AND MIGHT MATTER
It is important that cases are managed, and heard, in the appropriate specialist court. Here we have a case that went on a frolic of its own into the Chancery Division for a while before being put back into the…
THROWBACK FRIDAY: MAKING A MISTAKE AND THEN BIGGING A DEEPER HOLE FOR YOURSELF: MARCH 2018
Here we are looking at a set of circumstances that we have seen many time, both before and after this post from March 2018. A lawyer makes a mistake, panics and then makes horrendous decisions in an attempt to cover…
EXPERT WATCH 42: THIS IS NOT EXPERT EVIDENCE – BUT A SIMPLE STEP UP FROM “NUMBER CRUNCHING” : ALSO OPINION EVIDENCE SHOULD BE DISTINGUISHED FROM FACTUAL EVIDENCE
Here we have a case where the judge found evidence provided by experts to be of “assistance” but where he was clear in his view that the information put forward was not expert evidence. The evidence was “simply a kind…
THE “SEVEN DAY” DOCUMENTS IN JUDICIAL REVIEW PROCEEDINGS: YOU DON’T PLAN NOT TO COMPLY – BUT…
In civil procedure it is often the failure to comply with clear and obvious rules that can cause difficulties or annoyance. We have an example here in the Planning Court (however the rules in question apply to all judicial review…
IF YOU MISSED THE WEBINAR ON INFORMING THE CLIENT ABOUT THE COSTS OF LITIGATION IT IS NOW AVAILABLE “ON DEMAND”
The webinar on informing the client about the costs of litigation is now available “on demand” and details can be found here. THE REASONS FOR THE WEBINAR Recent Legal Ombudsman decisions show that solicitors’ firms are being ordered…
COST BITES 368: THERE WERE NO “SPECIAL CIRCUMSTANCE” WHICH MEANT THE SOLICITOR’S BILL SHOULD BE ASSESSED OUT OF TIME: THERE IS NOTHING THAT CALLS FOR AN EXPLANATION
We are returning to the previous case to look at the second half of the Cost Judge’s decision. Having determined that the bills were statute bills the judge then considered whether there were “special circumstances” which would entitle the claimant…
THE APPELLATE JUDGE SHOULD NOT HAVE ALLOWED THE APPELLANTS TO RUN A NEW ISSUE : THE ABILITY TO PAY COSTS IS AN IMPORTANT FACTOR AND WAS NOT CONSIDERED PROPERLY
Here we have a case where the appellants were, initially, allowed to argue a point that had not been argued in the court below. The Court of Appeal was clear in its view that the judge should not have allowed…
SERVICE POINTS 31: RELIEF FROM SANCTIONS GRANTED WHEN THE CLAIMANT FAILED TO APPLY IN TIME TO LIFT A STAY: A RARE SUCCESS ON A CLAIM FORM ISSUE
Here we are looking at an unusual set of facts in relation to service of the claim form, not least because it led to the issues being considered under the Denton criteria and is a (relatively rare) example of a…
HALLUCINATIONS KEEP APPEARING IN THE REPORTS: TWO MORE EXAMPLES: COUNSEL AT FAULT IN BOTH…
We are looking at two more examples of “hallucinated” cases appearing in reported cases. In both cases it was counsel that was presenting the case. (In one case counsel was acting for himself). “The incident does, however, demonstrate vividly the…
BACK TO BASICS MONDAY: THE NEED TO SERVE A NOTICE DISPUTING THE AUTHENTICITY OF A DOCUMENT: CPR 32.19
Here we look at a case that illustrates a very basic principle of civil procedure and evidence. It is a case where the claimant was, in essence, disputing the authenticity of several documents. However a basic procedural step had not…
THE CURRENT IMPORTANCE OF PLEADINGS 60: FAILING TO PLEAD A CLAIM FOR “LOSS OF CHANCE” LEADS TO TRIAL BEING RESTRICTED TO LIABILITY (AND THE CLAIMANT’S FACING RESPONSIBILITY FOR ADDITIONAL COSTS)
Here we are looking at a failure to plead the claimant’s case as to damages fully. The claimant wanted to advance a claim for “loss of chance” in addition to seeking damages on the balance of probability. The judge rejected…
AVOIDING THE PITFALLS OF DRAFTING PLEADINGS: WEBINAR 2nd APRIL 2026
The series on the “Current importance of pleadings” has now reached 59 posts. There are other posts in the series that are imminent. This webinar looks at issues in relation to drafting statements of case. BOOKING DETAILS Are available…
THROWBACK FRIDAY: MORE ABOUT LITIGATORS AND WORKLOAD (IT’S STILL NUTS): MARCH 2016
Here we look at a post from March 2016. It raised some comments at the time and followed on from a previous post we have looked at (which in turn led to several comments). It asks the, fairly fundamental, question…
CIVIL LITIGATION BRIEF HAS ITS OWN LINKEDIN PAGE (“ABOUT TIME TOO” – APPARENTLY)
Civil Litigation Brief now has its own LinkedIn page. It is another way of following the posts on this site. Posts will be posted as they are published and it is another way of being able to keep up to…
COSTS INFORMATION AND THE OMBUDSMAN 7: HEADING OFF PROBLEMS AT THE OUTSET: (WEBINAR THIS THURSDAY 19th MARCH 2026 – WITH LOTS OF CHECKLISTS)
This short series has aimed to highlight the ongoing difficulties that litigators, in particular, can have with giving compliant costs information to their clients. In looking at this topic it is clear that there are numerous cases where clients have…
COSTS INFORMATION AND THE OMBUDSMAN 6: YOU SAID IT WOULD COST £2,500 – £3,000 – I’VE PAID YOU £16,000: THE IMPORTANCE OF GIVING ESTIMATES AS TO DISBURSEMENTS
This decision emphasises the fact that when giving costs estimates the solicitor should also do their best to estimate the costs of disbursements in addition to their own costs. Here the solicitor mentioned that there would be additional costs if…
BACK TO BASICS MONDAY: THE IMPORTANCE OF SERVING THE PARTICULARS OF CLAIM WITHIN THE TIME FOR SERVICE OF THE CLAIM FORM: THE “BEAR TRAP” IN WAITING
The back to basics point today is based on a recent case which shows the importance of serving the particulars of claim within the four month period allowed for service of the claim form. The claimant served the particulars three…
RELIEF FROM SANCTIONS REFUSED AFTER CLAIMANT FAILS TO COMPLY WITH PEREMPTORY ORDER FOR DISCLOSURE: “THE CONSEQUENCE IS THAT THE PROCEEDINGS ARE STRUCK OUT”
Here we look at the “second half” of the decision considered in the previous post. Having rejected the claimant’s submissions that breaches of a peremptory order should be considered under CPR 3.10 the judge then went on to consider the…
THE BREACH OF A PEREMPTORY ORDER IS A SERIOUS MATTER: IT CANNOT SIMPLY BE DEALT WITH UNDER CPR 3.10
Here we look at an interesting, but eventually futile, about the approach the court should take when a party was in breach of a peremptory order. The claimant in breach argued that the court should consider the matter under CPR…
THROWBACK FRIDAY: PLEADINGS SHOULD CONTAIN FACTS NOT ARGUMENT OR RHETORIC: (MARCH 2015)
The issues raised in the Current Importance of Pleadings series are not new. We see points as to pleading raised in March 2015. Here the judge considered a pleading that “leaves much to be desired.” “The overall result of these…
COSTS INFORMATION AND THE OMBUDSMAN 5: DISCOURAGING THE USE OF A BTE POLICY (THIS IS NOT GOOD NEWS FOR THE SOLICITOR…)
We continue with our examination of the Legal Ombudsman’s decisions about costs. The issue here was whether the solicitors were correct to discourage the use of an BTE policy and act privately taking out ATE insurance. “It is expected by…
COSTS INFORMATION AND THE OMBUDSMAN 4: GOING OUTSIDE THE LEVEL OF LEGAL INSURANCE COVER
Here we are looking at a decision in relation to legal expenses insurance. The solicitor had gone outside the cover of the insurance but not informed the client. The Ombudsman’s conclusions on this issue are not a great surprise… “The…
WITNESS EVIDENCE WEDNESDAY: WHEN A CLIENT BLAMES THEIR SOLICITOR FOR ISSUES IN THE WITNESS STATEMENT: SOME EXAMPLES CONSIDERED
Occasionally I give in-house presentations on drafting witness statements. I always emphasise the importance of protecting the client from over-enthusiastic drafting by their lawyer to make sure that the witness statement is accurate and compliant. I then ask what steps…
COSTS INFORMATION AND THE OMBUDSMAN 3: FAILURE TO CONSIDER ALTERNATIVE METHODS OF FUNDING
We are continuing with our examination of Legal Ombudsman decisions on issues relating to costs. Here there was an finding of inadequate service because of a failure to consider whether the client had legal insurance that cover the costs involved….
WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 29th APRIL 2026
The Court of Appeal’s decision in Attersley v UK Insurance Ltd has sharpened the costs risks faced by claimants who accept a Part 36 offer outside the relevant period. While a claimant who accepts late remains subject to fixed recoverable costs…
BACK TO BASICS MONDAY: EXHIBITS: A REMINDER OF THE RULES, WHERE THINGS GO WRONG AND HOW TO AVOID PROBLEMS
The “exhibiting” of documents to witness statements and affidavits is common. It is surprising how common it is for the exhibit, and the witness statement, to fail to comply with the rules. Here we look at the rules relating to…
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…
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