AN UNUSUAL SERVICE OF THE CLAIM FORM CASE: COURT GRANTS AN EXTENSION OF TIME IN JUDICIAL REVIEW PROCEEDINGS AGAINST THE CORONER
In Whittle v HM Coroner for North West Wales [2025] EWHC 236 (Admin) the Administrative Court dealt with an issue relating to failure to serve the claim form in time. The Court found a solution. However the judgment is important…
THIS ACTION IS GOING TO YORKSHIRE: CHOICE OF LONDON LAWYERS DOES NOT DRIVE CHOICE OF VENUE
In SK Enterprises (UK) Ltd, R (On the Application Of) v Secretary of State for the Home Department (Re Determination as to Venue) [2025] EWHC 237 (Admin) Mrs Justice Hill held that an action in the Administrative Court should be…
CAN AN EXPERT WORK ON A CONDITIONAL FEE BASIS? IT MAY BE POSSIBLE – BUT IS DEFINITELY NOT WISE
I am grateful to Professor Keith Rix for allowing me to use an article that appears in February’s Expert Healthcare Witness Matters*. This deals with the question of whether an expert can, or should, agree to act on a conditional…
COSTS BITES 214: LAWYERS DO YOU WANT TO WORK FOR NOTHING? THE DEFENDANTS’ DAMAGE BASED AGREEMENTS WERE NOT VALID AND COSTS WERE NOT RECOVERABLE UNDER A COSTS ORDER: WHY SOLICITORS NEED TO THINK ABOUT THEIR RETAINERS CAREFULLY
If ever there was a case that highlighted the need for solicitors to consider the terms of the retainer with care, and know the law relating to Damages Based Agreements in detail, it is the judgment of Costs Judge Brown…
SERVICE OF THE CLAIM FORM: THE CORRECT ADDRESS ON THE ENVELOPE AND THE “LAST KNOWN RESIDENCE” CONSIDERED BY THE HIGH COURT
In Xenfin Fund 1 Trading Ltd v GFG Ltd & Ors [2025] EWHC 172 (Ch) Joanna Wicks KC (sitting as a Deputy High Court Judge) considered two issues relating to service of the claim form. Firstly whether a slightly wrong…
“THIS CASE …HAS COME BEFORE THIS COURT IN SUCH A DISORDERED AND CHAOTIC STATE THAT IT IS SIMPLY IMPOSSIBLE TO PROCEED IN A FAIR WAY
In T v T & Ors (Disregard for Procedural Rules, Adjournment) [2025] EWFC 14 (B) Recorder Chandler KC set out a large number of matters on which the applicant had failed to comply with the rules. It is a judgment…
INSURER FAILS IN COMMITTAL PROCEEDINGS AFTER A COURT HAD EARLIER MADE FINDINGS OF FUNDAMENTAL DISHONESTY TO THE CRIMINAL STANDARD: MANY TROUBLING THINGS HERE
In Aviva Insurance Ltd v Nadeem & Anor [2024] EWHC 3445 (KB) HHJ Tindal (sitting as Judge of the High Court) dismissed an action for committal against someone who had been found to be fundamentally dishonest at a personal injury…
COST BITES 211: THE ASSESSMENT OF COSTS: LARGE ELEMENTS OF POINTS OF DISPUTE STRUCK OUT BECAUSE OF INADEQUATE PARTICULARISATION
In St Francis Group 1 Ltd & Ors v Kelly & Anor [2025] EWHC 125 (SCCO) Costs Judge Leonard struck out large parts of a defendant’s Points of Dispute. The Points of Dispute were inadequately particularised. The judgment contains an…
AVOIDING THE PITFALLS IN SERVICE OF THE CLAIM FORM: WEBINAR 4th FEBRUARY 2025: CAN YOU AFFORD TO MISS IT?
Every year this blog covers numerous cases where claimants (and occasionally defendants) come to grief in relation to service of the claim form. The frustrating issue in relation to service issues is that most (if not all) of the problems…
SUMMARY JUDGMENT, PART 8 PROCEEDINGS AND THE FILING OF WITNESS EVIDENCE
In Director of Public Prosecutions v Surin [2025] EWHC 10 (KB) Mr Justice Mould considered issues relating to the service of witness evidence by the defendant in the claimant’s application for summary judgment. The unusual element of this action was…
SEEKING PERMISSION TO APPEAL: WHEN IS THERE AN “ADJOURNED HEARING”? THE ISSUES CONSIDERED
The question of when a hearing has been adjourned and when time starts running for applying to the trial judge for permission to appeal was considered by Mr Justice Freedman in Mex Group Worldwide Limited v Stewart Owen Ford & Ors [2024]…
“STATEMENTS OF CASE PLAY AN ESSENTIAL ROLE IN CIVIL LITIGATION”: THE DEFENDANT WAS NOT ALLOWED TO RUN A CASE ON CAUSATION THAT IT HAD NOT PLEADED: CLINICAL NEGLIGENCE CASE CONSIDERED
In MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB) HHJ Emma Kelly (sitting as a High Court Judge) found that the defendant in a clinical negligence trial was trying to run a case on causation that…
CLAIM WAS ISSUED PROPERLY IN THE HIGH COURT, EVEN THOUGH IT WAS SENT TO THE WRONG OFFICE
In Lawrence, R (On the Application Of) v London Borough of Croydon [2024] EWHC 3061 (Admin) Mr Justice Linden dismissed the defendant’s application to strike out a claim on the basis that it had not been brought in time. The…
ITS NOT TOO LATE IN THE YEAR FOR “CLAIM FORM” CASES: JUDGE ALLOWS APPEAL AND GRANTS CLAIMANT EXTENSION OF TIME TO SERVE THE PARTICULARS OF CLAIM: CPR 3.9 & DENTON DID NOT APPLY
I am grateful to solicitor Chris Topping of Broudie Jackson Canter for sending me a copy of the judgment of HHJ Bird in Brown -v- the Chief Constable of Greater Manchester Police (5th December 2024). The judge allowed an appeal against the…
FUNDAMENTAL DISHONESTY: FALSE EVIDENCE: A FALSE CV: “I AM ENTITLED TO REJECT THE EXPERT EVIDENCE IN THIS CASE BECAUSE IT IS BUILT UPON A FALSE FACTUAL BASIS”
I am grateful to Amy Birchall of HF solicitors for sending me a copy of the judgment of HHJ Bird in Scully -v- Atherton (& others). The judge found that the claimant (someone who had held a number of jobs…
FAILING TO SERVE A SEALED CLAIM FORM; FAILING TO SIGN THE STATEMENT OF TRUTH; VERY LATE APPLICATION FOR RELIEF
In Randall, R (On the Application Of) v [2024] EWHC 2924 (Admin) Mrs Justice Lang held that the court had no jurisdiction to hear a judicial review application because a sealed claim form had never been served. Further the claimant…
BOTH THE GENERAL DENTAL COUNCIL AND STOCKPORT BOROUGH COUNCIL IN CONTEMPT OF COURT: THE UNLAWFUL DISCLOSURE OF DOCUMENTS CONSIDERED
In General Dental Council v KK & Anor [2024] EWHC 3053 (Fam) Mrs Justice Knowles considered a case where documents in the family court had been unlawfully disclosed to the General Dental Council. The judge commented that there had been…
DEFENDANT COULD NOT PLEAD MATTERS THAT WERE INCONSISTENT WITH THE JUDGMENT: QUITE A TALE HERE…
In Tait v Torbay and South Devon NHS Foundation Trust [2024] EWHC 2958 (KB) Master Sullivan considered whether the defendant’s defence was inconsistent with the matters set out in a detailed judgment that had been entered on liability and causation. …
LIMITATION, DEFAULT AND SANCTIONS – THE KEY CASES OF 2024: WEBINAR 27th NOVEMBER 2024: HELPING YOU TO AVOID PROBLEMS IN 2O25 (AND BEYOND…)
This webinar looks at the key cases relating to limitation, default and sanctions that have occurred in 2024. The aim is to look at problem areas to help litigators avoid problems in the future. Booking details are available here. THE…
THE DUTY TO PUT YOUR CASE TO A WITNESS AT TRIAL: NOT AN ABSOLUTE RULE: POSITION CONSIDERED IN THE HIGH COURT
In Wigglesworth v Beetson [2024] EWHC 2886 (Ch) HHJ Matthews (sitting as a High Court Judge) considered arguments that a failure to expressly challenge markings on a plan used by a witness meant that the evidence had to be accepted….
SERVICE AND CLAIM FORM ISSUES IN 2024: WEBINAR 19th NOVEMBER 2024
I have had enough cases for a webinar on service of the claim form since about February this year. Claim form issues have been a major part of the blog throughout 2024 (and there may be more to come…). This…
THE COURT SHOULD HAVE GRANTED AN ADJOURNMENT: APPEAL ALLOWED WHEN NO REASONS GIVEN FOR REFUSING APPLICATION
In EB Pension Fund & Ors v Froggatt [2024] EWHC 2721 (Ch) Mr Nicholas Thompsell (sitting as a Deputy Judge of the High Court) allowed an appeal where there had been a refusal to allow an adjournment. He held that…
BUNDLES PREPARED IN A CHAOTIC MANNER: CHRONOLOGICAL IS BEST: COMMENTS FROM THE HIGH COURT
There are over a hundred posts on this blog about the subject of bundles. Problems occur everywhere, from the Supreme Court to the Employment Tribunal. We see another example in the judgment of Mr Justice Ritchie in Mok v Fitzmaurice…
MENTIONING WITHOUT PREJUDICE MEETINGS IN WITNESS STATEMENTS: PART OF THE WITNESS STATEMENTS WERE STRUCK OUT
In Bond & Anor v Webster & Ors [2024] EWHC 989 (Ch) Master Bowles (sitting in retirement) granted an application to strike out parts of a witness statement that referred to an offer made at a without prejudice meeting. The…
CALCULATION OF TIME UNDER THE CIVIL PROCEDURE RULES: A RECAP
The case we looked at yesterday Corfield v Howard [2024] EWHC 2727 (Comm) provides an important reminder of a basic principle of the computation of time. A hearing was taking place on a Monday. The skeleton arguments were ordered to be…
ISSUING CLAIMS IN THE TCC: LOCAL IS QUICKER (AND PROBABLY MANDATORY IN ANY EVENT)
We are returning to the judgment of HHJ Stephen Davies in Workman Properties Ltd v Adi Building And Refurbishment Ltd [2024] EWHC 2627 (TCC). This time to look at the judge’s concluding observations as to venue. The failure to issue in…
THE REQUIREMENTS FOR BOTH PARTIES IF THE PART 8 PROCEDURE IS TO BE USED IN MATTERS OF CONTRACTUAL CONSTRUCTION: BEST NOT THROW THE KITCHEN SINK INTO THE MIX
In Workman Properties Ltd v Adi Building And Refurbishment Ltd [2024] EWHC 2627 (TCC) HHJ Stephen Davies sent out a clear reminder of the duties on all parties in a Part 8 case where the court was being asked to…
COURT ALLOWS LATE WITNESS STATEMENT TO BE RELIED UPON: DENTON CRITERIA CONSIDERED
In Titan Wealth Holdings Ltd & Ors v Okunola (Rev1) [2024] EWHC 2586 (KB) Mrs Justice Hill considered the Denton criteria when granting the claimant permission to rely on a witness statement served out of time. There was a good…
ANOTHER WITNESS STATEMENT THAT DOES NOT COMPLY WITH THE RULES: THE CLAIMANT’S STATEMENT WAS “PARTICULARLY UNHELPFUL” AND LARGE IGNORED
In Burns v Bridge & Anor [2024] EWHC 2620 (Ch) HHK Cawson KC, sitting as a High Court Judge, observed that the claimant’s witness statement did not comply with PD 57AC. The witness statement was, to all and intents and…
A FINDING OF FUNDAMENTAL DISHONESTY DOES NOT AFFECT A CLAIMANT’S RIGHT TO RECOVER PROPERTY DAMAGES
In Senay & Anor v Mulsanne Insurance Company Ltd [2024] EWCC 12 HHJ Charman found that a finding of fundamental dishonesty in a personal injury action did not affect the claimant’s rights to recover damages for the property claim to…
ANOTHER LATE CLAIM FORM CASE: COURT HAD NO POWER TO EXTEND TIME: IF IT DID THEN THE CLAIMANT’S APPLICATION WOULD HAVE BEEN REFUSED IN ANY EVENT
The case of Farnham Town Council v Secretary of State for Levelling Up Housing & Communities & Anor [2024] EWHC 2458 (Admin) (Tim Smith, sitting as a High Court Judge) is far from being the first case about service of…
EXPERTS CAN BE ASKED TO GIVE AN OPINION ON MATTERS OF FACT, EVEN WHEN THOSE FACTS ARE ULTIMATELY FOR THE COURT
There is a short passage in the judgment of Master Davison in The Owners of the “Christos Theo” v The Owners of the “Aliki” [2024] EWHC 2106 (Admlty) which deals with an issue rarely considered by the courts – how…
NOT A LATE CLAIM FORM CASE TODAY, BUT LATE PARTICULARS OF CLAIM LEAD TO THE ACTION BEING STRUCK OUT
As a change to the almost never ending issues relating to late service of the claim form we have a case about late service of the Particulars of Claim. In Joseph v McFaddens LLP [2024] EWHC 2447 (Ch) Deputy Master…
SOLICITORS, SOCIAL MEDIA AND THE DUTY TO THE COURT: THREE CASES REVIEWED
The judgment in Williams-Henry v Associated British Ports & Anor (Re Wasted Costs Order) [2024] EWHC 2415 (KB) we looked at last week contained some important observations about the limit of a solicitor’s duty to check their own client’s social media…
SPECIAL MEASURES IN A CIVIL CASE: AN EXAMPLE OF HOW IT WORKS
Taking special measures to protect witnesses is a well known feature in the family and criminal courts. They are less well known in the civil courts. An example can be seen in the judgment of Deputy Master Marzec in IMX…
APPLICATION FOR WASTED COSTS AGAINST CLAIMANT’S SOLICITORS DISMISSED: NO DUTY TO “DUMP” A CLIENT WHEN FUNDAMENTAL DISHONESTY IS ALLEGED
In Williams-Henry v Associated British Ports & Anor (Re Wasted Costs Order) [2024] EWHC 2415 (KB) Mr Justice Ritchie dismissed an application for wasted costs against the claimant’s solicitors. This dismissal took place at “stage one” – with the allegations…
SERVICE OF THE CLAIM FORM ON A NOMINATED SOLICITOR: SOME IMPORTANT POINTS
In the recent case of Keilaus -v- Houghton [2024] EWHC 2108 the claimant’s action failed because their solicitor failed to notice that the defendant’s solicitor had stated that they would accept service. The court had little, if any, sympathy for the…
TO ALL THOSE WHO THINK THERE MAY BE TOO MANY CASES ABOUT SERVICE OF THE CLAIM FORM ON THIS BLOG: YOU MAY BE RIGHT BUT HERE’S ANOTHER ONE…
In ETM Contractors Ltd, R (On the Application Of) v Bristol City Council [2024] EWHC 2263 (Admin) refused the claimant’s applications for relief following late issue and lateservice of the claim form. The judgment contains a detailed exposition of why…
DON’T DISCLOSE COUNSEL’S ADVICE TO THE OTHER SIDE: A REPEAT IN RELATION TO AN ISSUE THAT IS STILL HAPPENING
An issue I have seen periodically came up on LinkedIn yesterday. A defendant was complaining that there was a lack of co-operation by the claimant’s solicitor in failing to show them counsel’s Advice in relation to a claim brought by…
FAILURE TO SERVE A NOTICE OF NON-ADMISSION UNDER CPR 32.19: WHAT ARE THE PRACTICAL CONSEQUENCES?
There is much for practitioners to read in the judgment of HHJ Paul Matthews in Taylor v Savik & Anor [2024] EWCC 7. However I want to isolate out the judge’s observations on CPR r.32.19. In particular the question of…
PREPARING TRIAL AND APPLICATION BUNDLES: A LITIGATOR’S SURVIVAL GUIDE: WEBINAR 4th DECEMBER 2024
The previous post on Serra -v- Harvey [2024] EWHC 2250 (KB) has led to me finalising a (long-prepared) webinar on bundles. In Serra wasted costs were ordered on an indemnity basis against the claimant’s solicitors because the lateness and condition of the trial bundles. The bundles…
A SMALL POINT TO WATCH WHEN COMING OFF THE RECORD: YOU HAVE TO GIVE AN ADDRESS WITHIN THE JURISDICTION
In Madison Pacific Trust Ltd v Groza & Anor [2024] EWHC 2307 (Comm) Mr Justice Bryan pointed out an essential requirement for a solicitor who wants to come off the record. The Notice of Change has to give an address…
CLAIMANT’S (LATE) APPLICATION TO RELY ON EXPERT EVIDENCE DISMISSED:”LITIGATION NEEDS TO BE CONDUCTED EFFICIENTLY AND AT PROPORTIONATE COST”
In IlliquidX Ltd v Altana Wealth Ltd & Ors [2024] EWHC 2191 (Ch) Chief Master Shuman dismissed the claimant’s application to rely on expert evidence. It was held that the application was made too late and, in any event, not…
DRAFTING PLEADINGS: THERE ARE RULES YOU KNOW – THE KINGS BENCH GUIDE CONSIDERED: “PLAIN AND OBVIOUS” DEFICIENCIES WILL LEAD TO PROBLEMS
In Sammut & Ors v Next Steps Mental Healthcare Ltd & Anor [2024] EWHC 2265 (KB) HHJ Bird (sitting as Judge of the High Court) made some important observations on the way in which the Particulars of Claim were drafted….
MAKING APPLICATIONS TO THE COURT: A PRACTITIONER’S GUIDE: WEBINAR 10th SEPTEMBER 2024
It is surprising how many applications are made which do not comply with the most basic requirements of procedure and evidence. This webinar on the 10th September 2024 aims to help practitioners avoid errors and aims to ensure that participants…
A COUNTER-SCHEDULE THAT TOTALLY TOTALLY FAILED TO DO ITS JOB: COURT REFUSES PERMISSION FOR DEFENDANT TO RELY ON COUNTER-SCHEDULE THAT “SERVES NO PURPOSE WHATSOEVER”
This blog has looked extensively at judicial criticism of schedules of damages over the years. It has to be remembered that counter-schedules also have to be properly drafted. This is emphasised. in the judgment of Mr Justice Julian Knowles in…
ENTERING JUDGMENT IN DEFAULT: NO DUTY ON THE PARTIES TO HELP EACH OTHER: THE IMPORTANCE OF KNOWING THE RULES
There are some interesting observations in the judgment of HHJ Cadwallader (sitting as a Judge of the High Court) in Thiscompany Ltd & Ors v Welsh & Ors [2024] EWHC 2159 (Comm). It was a case where three of the…
COST BITES 179: CHALLENGING A PROVISIONAL ASSESSMENT: CLAIMANT’S FAILURE TO COMPLY WITH THE RULES LEADS TO CHALLENGE BEING REJECTED
In Christodoulides v Holbech [2024] EWHC 2172 (SCCO) Deputy Costs Judge Roy KC refused a claimant’s application to revisit a provisional assessment. The claimant (the paying party) had not complied with the rules when attempting to challenge the bill and…
THE AUTOMATIC STAY UNDER CPR 15.11 AND RELIEF FROM SANCTIONS: A CASE IN POINT
In Michael Wilson & Partners, Ltd v Short [2024] EWHC 2113 (Ch) Master Clark granted the claimant relief from sanctions in a case that had become automatically stayed under CPR 15.11. This case serves as a reminder, if nothing else,…
IF YOU ARE GOING TO PROPOSE CHANGES TO A DRAFT JUDGMENT THE OTHER SIDE MUST BE NOTIFIED FIRST
The judgment of Ms. Pat Treacy (setting as a judge of the Chancery Division) in Parsons v Convatec Ltd [2024] EWHC 2111 (Pat) contains a reminder of the importance of a party notifying the other side immediately if they are going…
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