AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (2): CONSIDERATION OF “PROMPTNESS” WHEN NOTHING HAPPENED FOR A YEAR…
We are continuing our examination of the High Court judgment yesterday about setting aside a default judgment. Here the judge considered the question of “promptness” in circumstances where the default judgment had been entered for a year before the application…
THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION 6: WHAT IS MEANT BY THE “CONDUCT OF LITIGATION”? (IT TURNS OUT ITS A MATTER OF “PROFESSIONAL JUDGMENT”)
Knowing what the “conduct of litigation” means is an essential piece of knowledge for all litigators. If you allow “unauthorised” persons to conduct litigation then you (and they) are committing a criminal offence (and you are also in contempt of…
AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (1): THE EVIDENCE AS TO THE MERITS: THE JUDGE SHOULD NOT HAVE CONDUCTED A “MINI TRIAL”
A defendant applying to set aside a properly obtained default judgment has a number of hurdles to clear. The court will consider the “merits” of the proposed defence, the reason for the delay, “promptness” and then go on to consider…
WITNESS EVIDENCE WEDNESDAY: EVIDENCE BY VIDEO LINK FROM ABROAD: A POINT TO WATCH : SOME USEFUL GUIDANCE AND PRACTICAL STEPS
There are several cases where the courts have observed that attempts to allow a witness to give evidence from abroad are not, in fact, legal. This was highlighted in a judgment yesterday. Some countries have particular rules governing the taking…
WHEN A LOCAL AUTHORITY REQUIRES RELIEF FROM SANCTIONS: “IT IS PARTICULARLY IMPORTANT THAT THE PUBLIC BODY FILES ITS PAPERS IN A TIMELY FASHION AND CO-OPERATES WITH THE CLAIMANT”
Here we look at a case where a defendant local authority had to apply for relief from sanctions in relation to breaches of court orders and directions. The judge was critical of the defendant’s conduct, pointing out that there was…
COST BITES 404: JUDGE ORDERS DEFENDANT TO PAY COSTS ON THE INDEMNITY BASIS: PARTIES HAVE AN OBLIGATION TO ENGAGE WITH THE PROCESS OF LITIGATION: “THEY SHOULD BE USING NON-COURT BASED DISPUTE RESOLUTION WHEREVER POSSIBLE”
Here we look at a case where the court made an order for indemnity costs. The defendant had failed to engage fully in the litigation process and, importantly, failed to respond to the claimant’s offer to mediate. The Master was…
AVOIDING NEGLIGENCE CLAIMS AND PROCEDURAL PROBLEMS – CLB IS PICKING UP THE PACE: LOOKING AT A CASE WHERE EVERYTHING WHEN DISASTROUSLY WRONG PROCEDURALLY – WITH CLEAR GUIDANCE ON HOW TO AVOID THIS GOING FORWARD
This blog has been looking at cases relating to civil procedure for 13 years this month. We have seen many hundreds (possibly thousands) of cases where things have gone badly wrong, particularly in relation to procedure and limitation. Most of…
NEW COURT FEES COMING INTO FORCE ON THE 13th JULY 2026: SOME BRAND NEW PROVISIONS AND THE INFLATIONARY INCREASES: THE CIVIL AND FAMILY COURTS, THE MAGISTRATES’ COURT, THE LANDS CHAMBER (AND MANY OTHERS)
Some significant changes are taking place in court fees on the 13th July 2026. Some 170 fees will increase in line with inflation. Four sets of fees will be reduced to reflect reductions in their underlying costs. In addition there…
BACK TO BASICS MONDAY: MAKING AN APPLICATION TO THE COURT: HOW TO AVOID PROBLEMS: KEY POINTS AND SOME USEFUL CHECKLISTS
There are hundreds of applications made each date to courts up and down the land. Pausing for a second, how many of those applications are made without the solicitor looking at the rules and Practice Direction relating to making applications….
THE VEXED ISSUE OF TIME ESTIMATES (AND VOLUMINOUS BUNDLES) AGAIN: IF YOU ARE GOING TO “JUMP THE QUEUE” THEN THERE IS A DUTY ON BOTH PARTIES TO PRESENT A CASE THAT CAN BE HEARD IN THE TIME GIVEN
We have looked at the issue of accurate time estimates many times. Here we have a case where the parties agreed to a time estimate for a hearing that, the judge found, was clearly inaccurate. The judge observed that this…
DESIGNATED CIVIL JUDGES SHOULD BE CAREFUL WHO IS GIVEN THE TASK OF TRYING COMPLEX TRIALS: COURT OF APPEAL MISSIVE TO DESIGNATED CIVIL JUDGES (& MANY OTHERS…)
Here we look at some comments made yesterday by the Court of Appeal. The court allowed an appeal by a defendant in a personal injury case. The case was heard by a Deputy District Judge. The court was clear that…
SERVICE POINTS 47: THE CASE ABOUT THE SECRETARY OF STATE AND THE UNSEALED CLAIM FORM: A RARE EXAMPLE OF “DENTON” PRINCIPLES APPLYING IN THESE CIRCUMSTANCES
Here we have an unusual case about service of the claim form, with an unusual result. The judge reiterated the principle that a claimant must serve a sealed copy of the claim form, even though this was extremely difficult under…
THE CURRENT IMPORTANCE OF PLEADINGS 81: IF YOU ARE RELYING ON A STATUTE THAT WASN’T ACTUALLY IN FORCE ON THE DATE IN QUESTION IT MAY HAVE BEEN BETTER FOR YOU TO HAVE PLEADED THIS…
Here we have an unusual case where the trial judge’s findings in favour of the defendant were overturned on appeal. One particular feature of this case is the fact that the claimant relied on a statute that was actually in…
WITNESS EVIDENCE WEDNESDAY: CLAIMANT’S WITNESS STATEMENT WAS SUFFICIENT TO SHOW THAT IT COULD PAY AN ADVERSE COSTS AWARD: APPLICATION FOR SECURITY FOR COSTS REFUSED
An assessment of the degree to which a judge can disbelieve witness evidence in writing plays a major part in the judgement we are looking at here. The claimant’s witness gave evidence that it was solvent and would be able…
THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION 3: THE KEY THEMES – THE GUIDANCE AND TEN USEFUL CHECKLISTS
We are continuing our examination of the SRA Guidance on Effective Supervision by looking at what are identified as the “Key themes”. Here we look at the central points, the relevant guidance itself and then 10 checklists which help ensure…
DEFENDANT GIVEN PERMISSION TO WITHDRAW FROM ADMISSIONS: THE SOLICITORS CONDUCT WAS A “MATTER OF VERY REAL CONCERN” – BUT THE APPLICATION WAS GRANTED
Applications to withdraw from admissions often give rise to controversy. Here a defendant to a clinical negligence made such an application very late and on the grounds that there had been a change of expert and thus a change of…
THE CURRENT IMPORTANCE OF PLEADINGS 80: THE PARTICULARS OF CLAIM “FAILED TO FORMULATE A LEGALLY RECOGNISABLE CASE AGAINST EACH DEFENDANT”: THE ACTION WAS STRUCK OUT
Here we look at a case where an unrepresented litigant’s action against five defendants was struck out because the Particulars of Claim did not show any legally recognisable case against any of the defendants. This judgment shows the importance of…
THE BAR STANDARDS BOARD GUIDANCE ON THE USE OF ARTIFICIAL INTELLIGENCE AND OTHER TECHNOLOGIES: THE KEY POINTS AND SEVEN USEFUL CHECKLISTS
We have seen examples of barristers getting into difficulties because of the misuse of AI. The Bar Standards Handbook gives 14 pages of useful guidance to the Bar. I have attempted to summarise the guidance here and provide some useful…
THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION 2: GUIDANCE AND CHECKLISTS ON THE USE OF ARTIFICIAL INTELLIGENCE (WITH A LITTLE HELP FROM OTHER SOURCES…)
It is clear from recent developments that the use of AI can be useful in litigation, however it can also lead to major problems. The new SRA Guidance recognises the issues in relation to the need to supervise AI use,…
MAZUR MATTERS 63: THE NEW SRA GUIDANCE ON EFFECTIVE SUPERVISION: HIGHLIGHTING THE CHANGES AND THE NEW ELEMENTS THAT ARE IMPORTANT TO LITIGATORS
The SRA have today published updated guidance on Effective Supervision. There are changes and additions to the pre-existing guidance. Some of these are subtle, others are major. We will look at elements of the guidance in detail in later posts. …
THE COURT PREVENTED THE DEFENDANTS FROM MAKING ANY FURTHER APPLICATIONS IN THE CASE UNTIL THEY HAD COMPLIED WITH PREVIOUS COURT ORDERS: A PROPORTIONATE USE OF THE COURT’S CASE MANAGEMENT POWERS
Here we have a case where the court considered, in detail, the appropriate response of the court when a party had failed to comply with previous court orders as to payment of costs. The result was that the defendants in…
CIVIL LITIGATION 2026: A TWELVE POINT SURVIVAL GUIDE UPDATED: 12 YEARS ON AND ALL OF THIS IS STILL RELEVANT
In July 2014 I wrote a 12 point “Survival Guide” for litigators. This was a guide to procedural safety following the Court of Appeal on from the decision in Denton. Re-reading this today all the points remain relevant. Today is…
UPDATED GUIDANCE ON COMPLETING CASE ADMINISTRATION TASKS IN MyHMCTS
On the 29th May HMCTS published updated guidance on how to complete case administration tasks in MyHMCTS. The changes the updates made are not wholly clear, here are what appears to be the main changes. What HMCTS says changed…
SHOULD PROCEEDINGS BE STRUCK OUT WHEN THE CLAIMANTS HAD ISSUED IN THE WRONG COURT, USING THE WRONG METHOD? THE DENTON PRINCIPLES CONSIDERED
This is a judgment that bristles with procedural issues. The claimants had issued in the wrong court, using the wrong procedure. The defendant made applications which (initially) were in the wrong form. The judge had to consider whether the actions…
BACK TO BASICS MONDAY: THE DUTY TO SERVE A NOTICE OF APPEAL “AS SOON AS IS PRACTICABLE”
This post arises from the observations of the judge in a case we looked at last week. In essence it is not enough to simply issue a notice of appeal or an application notice. The rules require that you serve…
IF YOU ARE ASKING FOR AN EXPEDITED TRIAL – MAKE SURE YOU ARE AVAILABLE…: JUDGE SAYS THE PARTIES SHOULD HAVE CHECKED THIS ISSUE
Here we are looking at a short, but important, point in relation to seeking an expedited trial. The parties agreed the need for a speedy trial and agreed the dates. However it turns out that neither of the leading counsel…
CAN YOU CONVERT PART 7 PROCEEDINGS TO PART 8 PROCEEDINGS: THIS REMAINS AN OPEN QUESTION
There is clear power in the rules to allow the court to transfer actions issued using Part 8 to Part 7. However there is no express rule allowing transfer the other way. The issue was considered in this case. There…
A CLAIMANT’S SUCCESSFUL APPEAL IN A HOUSING DISREPAIR CLAIM: THE DISTRICT JUDGE WAS WRONG TO ALLOCATE THE MATTER TO THE SMALL CLAIMS TRACK…
I am grateful to Craig Leigh, for sending me a copy of this judgment in relation to an appeal about allocation in a housing disrepair case. It deals with important principles relating to the allocation of housing disrepair cases. The…
THE TIMES (OR THE COURTS) THEY ARE A CHANGING: MODERNISING THE HIGH COURT THROUGH THE ESTABLISHMENT OF THE BUSINESS & PROPERTY DIVISION
Early next year there will be a new division of the High Court – the Business and Property Division. This was announced yesterday, with all Business and Property Courts to become part of the new Business and Property Division. We…
DO LAWYERS (AND EXPERTS) LIKE CHECKLISTS THAT ENSURE COMPLIANCE WITH THE RULES? WELL, I MAY HAVE A TREAT FOR YOU TOMOPRROW
Checklists are always a feature of discussions I have with publishers and legal professionals. I have prepared have created a whole series of checklists for lawyers (9 in total) and a series for experts (6), plus a “Judicial Red Flags”…
SERVICE POINTS 45: A SOLICITOR FAILS TO CHECK THE CE FILE AND 5,000 CLAIMS GO UP IN SMOKE: SEVERAL IMPORTANT LESSONS HERE, INCLUDING THE NEED TO MAKE AN APPLICATION FOR RELIEF PROMPTLY…
This case, where judgment was given today, is essential reading for anyone litigating using CE-File. It is also essential to anyone involved in group litigation. This is a case where 5,000 claimants were refused relief from sanctions. That initial difficulty…
RELIEF FROM SANCTIONS REFUSED: SOME DELAYS WERE UNEXPLAINED AND THERE WERE OTHER BREACHES OF THE RULES: SOME LESSONS ON COMPLIANCE HERE…
We are looking at an (unsuccessful) application for relief from sanctions in a family case. A husband sought permission to appeal some 10 1/2 months out of time. What is particularly interesting here are the judge accepted that some delay…
AN APPEAL OVER A TIME ESTIMATE FOR TRIAL: THIS SHOULD NOT LAST 15 DAYS, NOR WILL IT BE DONE IN 5: EIGHT DAYS REMAINS THE CORRECT CONCLUSION
This blog has covered issues relating to time estimates many times. I cannot recall, however, a case where there has been an appeal over a judicial determination of a time estimate for a trial. We have such a case here. …
BACK TO BASICS MONDAY: A LITIGANT CANNOT APPLY TO SET ASIDE A DECISION MADE WITHOUT A HEARING WHEN THEY SPECIFICALLY ASKED FOR THIS AND HAD THE OPPORTUNITY TO MAKE SUBMISSIONS
Here we look at a recent decision that has major practical implications for anyone making an application, or anyone disgruntled with a court decision. The applicant asked, specifically, for an application to be considered on paper. The matter was considered…
COST BITES 392 : BOTH PARTIES MADE “PART 36 OFFERS”: BOTH WERE INEFFECTIVE (AND THE MASTER WOULD NOT HAVE IMPOSED THE USUAL CONSEQUENCES EVEN IF THEY WERE VALID…)
Here we have a case where both parties made Part 36 offers. The court held that the offers were ineffective. One because the offeror had not beaten their offer on a true “like-for-like” comparison. The other offer was held not…
PRACTICE DIRECTION CHANGES INTRODUCED YESTERDAY: NEW PROVISIONS IN THE DAMAGES CLAIM PORTAL: “OTHER REMEDY” CLAIMS CAN NOW BE MADE
Some new provisions relating to the Damages Claim Portal came into effect yesterday, introduced in Practice Direction 51ZB (the Damages Claims Pilot) . Essentially these allow “other remedy claims” to be issued alongside damages claims. It also extends the portal…
THE CURRENT IMPORTANCE OF PLEADINGS 77: CASE STRUCK OUT: THERE WAS “INSUFFICIENT PLEADINGS OF FACT FROM WHICH IT COULD BE INFERRED THAT ANY OF THE ALLEGATIONS HAVE A REAL PROSPET OF SUCCESS”
Here we look at a case where the Master struck out the claimants’ pleaded case alleging unlawful means conspiracy, breach of contract and a claim in negligence. The Master held that that the pleadings were non-compliant and did not plead…
SERVICE POINTS 44: LOCAL AUTHORITY FAILS TO SERVE PROPERLY ON INTERESTED PARTIES TO PROPOSED APPEAL: THE WHOLE APPEAL FAILS
Here we have another case of a failure to serve a claim form properly. This time a local authority failed to serve interested parties to an appeal because, rather than sending the claim forms to them personally, they were sent…
SERVICE POINTS 43: WHY CPR 6.15 IS NOT THE “CAVALRY” COMING OVER THE HILL TO SAVE YOU IF THE CLAIM FORM HAS NOT BEEN SERVED PROPERLY
There must be many anxious litigators who have read the words of CPR 6.15 and happily assumed that their case is saved. On the face of it this rule gives the court a wide power to authorise service by another…
SERVICE POINTS 42: A £82 MILLION POUND FAILS BECAUSE THE CLAIM FORM WAS SENT BY EMAIL TO SOLICITORS WHO HAD NOT STATED THAT THEY WOULD ACCEPT SERVICE: AN OLD ISSUE (AND A BIG ONE)
This will not be the only case about (mis) service of the claim form this week, however it may be the largest. We have the “traditional” pattern of a claimant leaving service until the very last day and then serving…
BACK TO BASICS (BANK HOLIDAY) MONDAY: A REMINDER OF WHAT A DIFFERENCE A DAY MAKES: THE PROFOUND DIFFERENCE IN THE WAY THE COURT APPROACHES A PROSPECTIVE APPLICATION FOR AN EXTENSION
It is important to remember the major difference in the court’s approach to a an application for an extension that is made ahead of the date of compliance compared to one that is made afterwards. The governing principles are very different….
THE COURT OF APPEAL ALLOWED DEFENDANT TO RELY ON WITNESS STATEMENTS SERVED “LATE”: THE CRUCIAL DISTINCTION BETWEEN “IN TIME” AND “OUT OF TIME” APPLICATIONS TO EXTEND TIME
I am grateful to Barrister Simon Brindle for sending me a copy of the judgment of this Court of Appeal judgment given yesterday. It relates primarily to the major distinction between an application made “ahead” of time and one made…
COST BITES 389: THE SRA IS LIABLE TO PAY THE COSTS OF AN APPEAL WHERE IT WAS THE ORIGINAL APPELLANT ITS POSITION IS “MORE AKIN TO THAT OF A NORMAL LITIGANT”
Here we consider an issue that has some relevance to the profession as a whole. Should the SRA be liable to pay the costs of an appeal from the SDT? In this case the SRA was the instigator of the…
WOULD BE APPELLANT FAILS TO COMPLY WITH SEVEN DAY DEADLINE: ARGUMENTS ABOUT “PUBLIC INTEREST” FAILS TO TAKE OFF: THE IMPORTANCE OF KNOWING TIME LIMITS…
Here we have a case where the “would be” appellant failed to obtain permission to appeal out of time. They failed to notice that the time limits for appealing this specific type of decision had been changed two months prior…
MAZUR MATTERS 62: THE REVISED COURT OF APPEAL JUDGMENT: SOME SMALL BUT SIGNIFICANT REVISIONS
There is a revised version of the Court of Appeal judgment in Mazur. Some paragraphs were amended slightly (but significantly). These amendments do not appeal to have made their way to the version of the judgment that is publicly available….
THE CURRENT IMPORTANCE OF PLEADINGS 75: A CLAIMANT DOES NOT ALWAYS NEED TO PLEAD A CLAIM FOR INTEREST: AN INTERESTING POINT… BUT BE VERY WARY…
Here we look at an argument that a claimant was not entitled to interest because it was not pleaded. The judge rejected the argument on two grounds. Firstly that CPR 16 does not apply to Part 8 claims; secondly that…
THE CURRENT IMPORTANCE OF PLEADINGS 74: A PARTY CANNOT SIMPLY SEEK TO AMEND THE LIST OF ISSUES TO INCLUDE AN ISSUE THAT IT HAS NEVER PLEADED
Here we have an unusual case in that the defendant, rather than seeking to amend its defence, sought permission to amend the list of issues to enable it to argue a new point which (the judge found) had not been…
WEBINARS AVAILABLE ON DEMAND: WITNESS STATEMENTS; MAZUR; INFORMING THE CLIENT ABOUT THE COSTS OF LITIGATION AND PART 36: A HEADY BREW TO LIGHTEN UP ANY LITIGATOR’S DAY…
Four webinars are now available “on demand” from Civil Litigation Brief: PD57AC; Mazur in the Court of Appeal; Informing the Client about the Costs of Litigation; Part 36 recent developments. THE COSTS (The costs are £75.00 plus VAT if you…
A CLAIMANT’S PART 36 OFFER THAT GAVE A 9% DISCOUNT WAS “SOBER AND REALISTIC”: IT WAS NOT UNJUST FOR THE DEFENDANT TO FACE THE NORMAL CONSEQUENCES OF FAILING TO BEAT IT
Here we have another case where the court considered an argument that it was “unjust” for an unsuccessful defendant to face the normal Part 36 consequences when they had failed to beat a claimant’s Part 36 offer. This judgment shows…
THE CURRENT IMPORTANCE OF PLEADINGS 73: COURT STRIKES OUT CLAIM FOR £2.1 MILLION FOLLOWING McLAREN CATCHING FIRE: THE CASE WAS NOT PROPERLY PARTICULARISED
Here we have a case where the judge considers in considerable detail the principles relating to pleading, the striking out of pleadings, and the possibility of being allowed to amend. None of these favoured the claimant. “It is not sufficient…
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