WHEN A PARTY RELIES ON “NON PART 35 COMPLIANT” EXPERT REPORTS: THIS IS HARDLY LIKELY TO CARRY MUCH WEIGHT…
The first question the lawyer must ask when being presented with a report for use in proceeding is – is this report CPR 35 compliant? If it is not then it may have little, if any value. There is a…
WHEN A SOLICITOR FORGETS TO SIGN AN IMPORTANT PART OF AN APPEAL DOCUMENT: CAN CPR 3.10 SAVE THE DAY? A TRICKY POINT TO WATCH IN FORM N161
CPR 3.10 is a rule often asked to so some “heavy lifting” by applicants who have not complied with the rules or court orders. Sometimes it is not capable of handling the load, particularly in relation to issues surrounding service…
I’VE DISCONTINUED AGAINST A DEFENDANT BUT I DON’T WANT TO PAY THEIR COSTS: HOW DO WE THINK THIS GOES?
There have been a number of cases recently where discontinuing parties have sought to escape the costs consequences that normally apply. We have such a case here. The judge considers the relevant rules and case law in detail. It is…
THE RULES AND GUIDANCE RELATING TO NON-PARTY DISCLOSURE CONSIDERED AND APPLIED: “THE EXCEPTION RATHER THAN THE RULE”
We are returning to the issue of non-party disclosure, indeed to the same case as the previous post. That post highlighted the Master’s concerns about the way in which claimant’s application had been conducted. The same judgment also contains a…
INTRODUCING THE NEW CIVIL LITIGATION BRIEF “TOOLBOX” SERIES : WHERE’S THE BEST PLACE TO FIND WHAT YOU WANT
One of the purposes of this site is as a working “toolbox” for practitioners. To provide a useful and readily accessible source of information when particular issues arise. For that reason something new is starting on this site in the…
CHANGES TO RULES OF ACCEPTING SERVICE BY EMAIL: SOME VERY MODEST PROPOSALS: (AND BYE BYE TO THE FAX MACHINE)
The current consultation by the Civil Procedure Rule Committee relates to important issues of service that have featured many times in the courts, and on this site. Here we look at the issues being considered relation to the automatic agreement…
WHAT IMPACT DOES A MAJOR DELAY IN HANDING DOWN A JUDGMENT HAVE ON THE APPPEAL COURT’S APPROACH TO A JUDGMENT AND FINDINGS OF FACT? THE ISSUES CONSIDERED
The period when you are waiting for a reserved judgment is always a time of tension and anxiety. If the judgment is subject to a severe delay then the disappointed (losing) litigant in particular may feel particularly aggrieved. How should…
“LESS IS MORE” WHEN DRAFTING NOTICES OF APPEAL: THE “KITCHEN SINK” APPROACH DOES NOT PERSUADE THE COURT OF APPEAL TO GRANT PERMISSION
When a Lord Justice of Appeal looks at a notice of appeal and skeleton and refers to a “kitchen sink” approach, we can probably surmise that a proposed appellant is going to have some difficulty here. When of their colleagues…
ACTION STRUCK OUT BECAUSE CLAIMANT FAILED TO COMPLY PROPERLY WITH AN UNLESS ORDER FOR DETAILS OF FUNDING: DECISION UPHELD ON APPEAL
Here we look at a case where the Court of Appeal upheld a decision that the claimant had failed to comply with the terms of a peremptory order. The action was, therefore, struck out. It is a salutary and important…
CHILDREN AND FATAL ACCIDENT LITIGATION 2025: WEBINAR 8th JULY 2025
There are particulars challenges and difficulties facing a practitioner in cases where children are the only or primary dependants in a fatal claim. This webinar addressed the key issues, in relation to the law, practice and procedure and helping with…
PART 36, REFUSAL TO MEDIATE AND SHOULD A PARTY BE SUBJECT TO THE PART 36 PENALTIES WHEN AN OFFER WAS MADE TO THREE DEFENDANTS?
What should the court do in a case where a Part 36 offer is made in relation to a number of defendants but the claimant only succeeds against one of them? Can a failure to accept an offer of mediation…
WHEN CAN A JUDGE HEAR AN ISSUE THAT IS NOT “LISTED”? THE ISSUES CONSIDERED IN THE HIGH COURT
If an action is listed for hearing on a specific issue when can the judge hear, and make an order in relation to a different issue? This is an issue considered in the case we are looking at here. The…
WHEN HISTORY REPEATS ITSELF AS TRAGEDY & FARCE: GOVERNMENT ORGANISATIONS, MAKING WITNESS STATEMENTS AND THE SOURCE OF INFORMATION AND BELIEF
The post earlier today on the need for MI5 operatives to give the source of their information and belief has a ring of “intrigue” about it. James Bond, we now know, cannot simply declaim something to be true. However, as…
SPIES, LIES, INTRIGUE – AND A BASIC FAILURE TO COMPLY WITH THE RULES RELATING TO WITNESS STATEMENTS: GIVING THE SOURCE OF INFORMATION AND BELIEF (WE’VE COVERED THIS MANY TIMES BEFORE…)
Here we have a case about MI5, spies and lies. However this is a site about civil procedure and evidence so we are largely bypassing the intrigue and lies (but not the potential of a finding of contempt of court) …
MEMBER NEWS: THE SEARCH FACILITY ON THIS SITE AND FINDING RELATED MATERIAL
It is now three weeks and a day since this site took up the membership subscription model. It has been an interesting time. Not least it has enabled me to fully appreciate the full range of the site’s readership ,…
CLAIMANT COMES TO GRIEF BECAUSE OF A WHOLLY SELF-IMPOSED PROBLEM: SUBSTITUTING A DEFENDANT WHEN THE ACTION HAS BEEN DISCONTINUED – LEADS TO MAJOR PROBLEMS
There have been some interesting cases on this site recently relating to the substitution of parties. However none of them are as peculiar as the case we are looking at here – where the claimant’s problems were primarily self-inflicted. The…
WHEN A PARTY MAKES A SECOND APPLICATION TO RELY ON EXPERT WITNESS HOW SHOULD THE COURT RESPOND? THE SAGA CONTINUED
We are looking at this case for the third time. There were issues in relation to witness evidence and expert evidence. The problems continued after trial when the judge realised that neither party had addressed her on a mandatory requirement…
SECOND (AND THIRD) APPLICATIONS FOR RELIEF THAT ARE, ESSENTIALLY, FOR THE SAME THING NOT ALLOWED TO PROCEED: THE APPLICATIONS WERE ABUSIVE
Here we are looking at a case where defendants, debarred from defending an action, made consecutive (and ultimately fruitless) applications to vary the orders that caused them to be debarred and several applications for relief from sanction. The court was…
PROFESSIONAL NEGLIGENCE NEWS (1): I’VE SUED THE WRONG DEFENDANT: CAN THE COURT DO ANYTHING TO HELP? FIRST OF (WHAT MAY WELL BE) A LONG RUNNING SERIES
There is much to be said for starting a new (and what may well be a long running) series looking at professional negligence cases, in particular the procedural and practical issues that arise. Firstly, if (as here) it is a…
HOW SHOULD THE COURT EXERCISE ITS DISCRETION TO CASE MANAGE ACTIONS ONCE PART 8 PROCEEDINGS ARE ISSUED UNDER THE PAP? COURT OF APPEAL GIVES CLEAR GUIDANCE
Having determined that the court does have jurisdiction to case manage actions issued under Part 8 the Court of Appeal went on to make some trenchant observations in relation to avoiding the possibility of delay. (Applications to extend a stay…
THE STATUS OF PRACTICE DIRECTIONS CONSIDERED : “I AM UNCOMFORTABLE WITH THE NOTION THAT A PRACTICE DIRECTION CAN HAVE THE EFFECT OF OVERTAKING THE DECISION OF THE SUPREME COURT…”
The precise legal status of Practice Directions is interesting. Here we have a case where a judge considered their status and came to a firm view that a statement made in the PD should not be followed as it was…
A COUNTERCLAIM WAS CORRECTLY STRUCK OUT AFTER A CLAIM WAS STRUCK OUT FOR DELAY: “APPROBATING”, “REPROBATING” AND “TECHNICAL WAREHOUSING” CONSIDERED
Here we have a case where the defendant unsuccessfully appealed against the striking out of its counterclaim. The claimants had consented to the claim being struck out, on the defendant’s application, due to undue delay in the action. The defendant…
BANK’S CLAIM AGAINST SOLICITORS FOR “CAUSING LOSS BY UNLAWFUL MEANS” IS NOT STRUCK OUT, NOR ARE THE SOLICITORS GRANTED SUMMARY JUDGMENT: A LOT TO THINK ABOUT HERE
We are looking at a judgment from today where a bank has brought a claim against a firm of solicitors arguing that they have caused the bank loss because of the number and nature of complaints made by the solicitors’…
IS THIS APPEAL “ACADEMIC” AND SHOULD IT BE ALLOWED TO PROCEED? COURT OF APPEAL DONS ITS THINKING CAP…
We are looking at this Court of Appeal decision for the second time. Here we look at the Court’s consideration of an argument that an appeal should not proceed because the arguments were “academic”. There are important points considered here…
WHEN A PARTY WANTS AN ADJOURNMENT: THE PRINCIPLES CONSIDERED
The law on adjournments sought for health reasons is relatively clear. Knowledge of the principles (or at least where to find them easily) is an essential part of the litigator’s toolkit, not least because applications tend to come “out of…
DOES THE HEADING MATTER? IS A PART 18 REQUEST VALID IF IT DOES NOT COMPLY WITH THE RULES?
What should the court’s approach be if a party serves a Part 18 request but, for various reasons, it does not comply with the rules? The respondent to the request in this case took the point. The Master had to…
FATAL CLAIMS: ENSURING EVERYTHING GOES RIGHT: WEBINAR 27th JUNE 2025
We have had an example earlier this month of things going badly wrong in a fatal claim, that led to a wasted costs order against the solicitors. This webinar looks at the potential problem areas of fatal accident litigation and…
HEARINGS WHEN WITNESSES GIVE EVIDENCE FROM ABROAD: SOME POINTS FOR PRACTITIONERS (AND JUDGES) TO WATCH: “IT WOULD ASSIST THE LOWER COURTS IF FORMAL CLARIFICATION IS GIVEN ADDRESSING THAT TENSION HEAD ON”
There have been a number of cases where litigants have run into difficulties because they have not complied with the requirements for witnesses who give evidence remotely from abroad. We see an example of this case where there a conflict…
NO RELIEF FOR CLAIMANTS WHO SERVED THE CLAIM FORM LATE: TAKING A POINT AS TO SERVICE IS NOT “PLAYING TECHNICAL GAMES”
It may be possible for a month to go by without a mis-service of the claim form issue arising in the courts, but it is not this month. We have here a case with the familiar litany of waiting to…
WHAT ARE THE CONSEQUENCES WHEN A WITNESS BREAKS THE “PURDAH” RULES? THE ISSUES CONSIDERED IN THE HIGH COURT
The “purdah” rule – that a witness cannot discuss the case and their evidence with others, including their legal team, once they have started giving evidence is of utmost significance. Here we are looking at a case where a witness…
WASTED COSTS ORDER MADE AGAINST SOLICITORS WHO HAD PURSUED A “HOPELESS” CASE: ATTEMPTS TO RELY ON PRIVILEGE WERE A RESORT TO A MERE “FIG LEAF”
It is rare for a wasted costs order to be made against a solicitor for pursuing what is seen as a “hopeless” case. However we have such an order in the case we are considering here. The Master found the…
THE RULES OF COURT DO NOT ALLOW A PARTY TO COMPEL ITS OPPONENT TO EXPLAIN HOW ERRORS WERE MADE IN WITNESS STATEMENTS:
Can the court compel a party to file a witness statement explaining, in detail, why mistakes were made in earlier witness statements? That was the issue considered in the case we are looking at today. The judge considered the provisions…
A COURT ORDER SO AMBIGUOUS THAT IT WAS IMPOSSIBLE TO ENFORCE : SOME ESSENTIAL POINTS ABOUT DRAFTING HERE
Here we are looking at a Court of Appeal decision about the drafting and construction of court orders. The order made in this case was totally deficient, consequently it could not be enforced. (Absolute precision is demanded here…) “……
WHAT COSTS REGIME APPLIES WHERE A JUDGE FINDS THAT A SUCCESSFUL CLAIMANT SHOULD HAVE USED THE LOW VALUE PERSONAL INJURY PORTAL? THE ISSUES CONSIDERED ON APPEAL
For the second time this week we are looking at the issue of whether, or not, it was reasonable for a claimant’s solicitor to conclude that a matter should have been commenced outside the Low Value Personal Injury Portal. This…
CHANGES TO THE COMMERCIAL COURT AND LONDON CIRCUIT COMMERCIAL COURT PRACTICE ON THE VALUE OF CLAIMS
A Practice Note issued issued earlier this month sets out changes to the practice of the Commercial Court in relation to the value which it will consider transferring claims to other courts. These changes take effect from the 1st July…
THE CORRECT PROCEDURE IF A PARTY WANTS TO ATTEMPT TO RELY ON “WITHOUT PREJUDICE” DOCUMENTS: THE EXCEPTIONS TO THE WP RULE CONSIDERED
We are looking at a judgment from today which considers the “without prejudice” rule in some detail. In particular the steps a party should take if it wishes to argue that it should be able to rely on without prejudice…
COURT OF APPEAL CONSIDER ISSUES OF KNOWLEDGE, SERVICE OF THE CLAIM FORM AND “LAST KNOWN ADDRESS”: THINGS DO NOT GO WELL FOR THE CLAIMANT
Problems occur when a claimant fails to take appropriate steps to ensure that the defendant is in fact living at the address where a claim form has served. This was the issue considered by the Court of Appeal today. The…
SOME QUICK NOTES ABOUT CORPORATE SUBSCRIPTIONS: NEW GROUP NUMBERS ADDED – YOU CAN NOW SUBSCRIBE FOR UP TO 1,000 SEATS (AND MORE BY ARRANGEMENT)
A number of people have been in touch asking whether the site can accommodate larger groups than those set out in the original plan (someone has asked whether there can be “limitless” numbers on a subscription). As a result of…
BECOME A MEMBER TO KEEP UP TO DATE: THIS SITE IS BECOMING A MEMBERSHIP SUBSCRIBER SITE – MAKING CLB BIGGER AND BETTER
On the 10th June 2025* this site is becoming a membership site. All the past posts, and the vast majority of future posts will only be available to members who have joined. This post explains what readers need to do…
CITING FALSE CASES TO THE COURT 3: THE PROBLEMS, THE GUIDANCE AND THE PENALTIES: PERVERTING THE COURSE OF JUSTICE HAS A MAXIMUM SENTENCE OF LIFE IMPRISONMENT…
We are returning to (and not for the last time) to the Divisional Court judgment in relation to the citation of false authorities due to the use of Artificial Intelligence. The Court reviews the dangers, the guidance and the sanctions…
CITING FALSE CASES TO THE COURT 2: A LAWYER IS NOT ENTITLED TO RELY ON THEIR LAY CLIENT FOR THE ACCURACY OF CITATIONS OF AUTHORITY
We are continuing with the examination of the Court’s judgment in relation to cases where false authorities have been cited as a result of a reliance on false authorities, generated by artificial intelligence. Here we have a case where the…
CITING “FALSE” CASES TO THE COURT 1: JUDGMENT ON THE CONTEMPT OF COURT HEARINGS 1: THE CASE OF AYINDE
This blog has already considered the case of Frederick Ayinde, R (on the application of) v The London Borough of Haringey [2025] EWHC 1040 (Admin) on several occasions. False (presumably AI generated) authorities were put before the court. That case,…
“THIS PRELIMINARY ISSUE TRIAL IS NOT A REHEARSAL”: THE DIFFICULTIES A CLAIMANT HAS IN A CLAIM UNDER THE THIRD PARTY (RIGHTS AGAINST INSURERS) ACT 2010
Here we look at a case where the claimant suggested that a preliminary issue trial be adjourned. The court was firm in its rejection of that suggestion. The judge stated that the trial “is not a rehearsal” and that if…
PROVING THINGS 262: CLAIMANTS DID NOT HAVE THE EVIDENCE AT TRIAL TO PROVE THE DAMAGES SOUGHT: AN EXHAUSTING JOB
This series may well be misnamed. A more apt description may well be “not proving things”. That is what we are considering in looking at the case today. There was a lengthy trial with a substantial claim for damages. The…
PARTS OF WITNESS STATEMENT STRUCK OUT – THIS “CARRIES NO WEIGHT AS EVIDENCE”:DOORS FIRMLY SHUT IN RELATION TO INADMISSIBLE COMMENTARY
If we had a pound for every word in witness statements served in just one single month that was irrelevant or inadmissible we could probably go a long way to paying off the national debt. The costs, however, are probably…
THE CLAIMANT DID NOT NEED TO ANSWER THE PART 18 REQUESTS MADE: THESE REQUESTS ARE AKIN TO THE “PRE CPR-PROCEDURE”
There have been a number of cases recently relating to Part 18 questions and questions to experts. Here we are looking at a case where the defendant raised numerous requests to the claimant and sought a peremptory order when it…
PART 35 QUESTIONS TO EXPERTS A POINT ABOUT THE CASE LAW: HOW FAR CAN THE QUESTIONS GO? A CLOSE LOOK AT THE COURT OF APPEAL DECISION IN MUTCH
The previous post about when experts should be called to give evidence also contained a consideration of the nature of questions that can be put to experts. One of my colleagues has suggested that the summary relating to the questioning…
CIVIL PROCEDURE BACK TO BASICS 103: THE STANDARD FORM FOR PART 36 OFFERS
Yesterday I gave a webinar about Part 36, this will shortly be available on YouTube. The webinar reviews cases over the past 12 months. One of the points being considered was the arguments in Henderson & Jones Ltd v Salica Investments…
THE CURRENT IMPORTANCE OF PLEADINGS 14: THE DEFENDANT COULD GIVE EVIDENCE OF MATTERS THAT WERE NOT PLEADED
Today we are looking at a case where the judge rejected an argument that evidence could not be given because the particular issue had not been pleaded. The judge held that, on the facts of this case, the evidence was…
COST BITES 242: THE WORDING OF THE RETAINER DID NOT ENABLE THE SOLICITOR TO RENDER INTERIM STATUTE BILLS: THE BILLS HAD INSUFFICIENT INFORMATION IN ANY EVENT
I am grateful to my colleague Paul Hughes for sending me a copy of the decision we are looking at today. Another case on the ongoing saga of whether a retainer allows a solicitor to serve interim statute bills. The…