MAZUR MATTERS 65 (YES THEY ARE STILL CROPPING UP…): WAS A COMPANY SUING FOR A DEBT IT HAD PURCHASED BREACHING THE LEGAL SERVICES ACT?
Here we are looking at an argument that a company, that had purchased a debt and issued proceedings, was breaching the Legal Services Act. The argument was forcibly put and, just as forcibly, rejected. The judge was clear that a…
“I HAD NEVER COME ACROSS A CASE IN WHICH SO LITTLE RESPECT HAD BEEN PAID TO THE COURT”: INACCURATE TIME ESTIMATES; OVER-LENGTHY SKELETONS; ENORMOUS BUNDLES (OH AND AN ATTITUDE OF “WE’LL COME INTO COURT WHEN WE WANT TO”…): I CAN’T RECALL JUDICIAL CRITICISM MUCH STRONGER THAN THIS,
Over the years we have looked at some fairly “vigorous” judicial criticisms of litigators and non-compliance with procedural requirements. This case contains some of the the most vigorous I have seen. The judge points to wholesale failures by both sides…
WE HAD SUCH A HOPELESS CASE WE SHOULDN’T PAY ALL THE COSTS BECAUSE YOU SHOULD HAVE APPLIED TO STRIKE US OUT: ARGUMENTS WITH AN “AIR OF UNREALITY” ABOUT THEM
A post yesterday looked at two cases where attempts were made to attribute some blame to a litigant’s opponents for not spotting certain issues arising from that litigant’s own conduct. Here we look at a case where this type of…
WITNESS EVIDENCE WEDNESDAY: WHEN DOES A WITNESS BECOMES A “HOSTILE WITNESS”? WHAT ARE THE CONSEQUENCES?
Earlier this week we looked at a case where a judge allowed the claimants’ application for an order that one of the witnesses they had called be declared a “hostile witness”. This meant that the claimants could then cross-examine their…
BACK TO BASICS MONDAY: THE PERILS OF ISSUING A SECOND TIME: CPR 38.7 EXPLORED: NOTE THE NEED FOR SPEED…
We looked at a case last week which was a “second action” against the same defendants. It was struck out on several grounds, one of which was under CPR 38.7. It is worthwhile looking at the rule in detail …
THE CURRENT IMPORTANCE OF PLEADINGS 86: DEFENDANT REFUSED PERMISSION TO AMEND DEFENCE ON THE MORNING OF TRIAL
Here we look at what can only be described as a “very late” application to amend a defence. It was made on the morning of the first day of trial. Surprisingly there was no explanation as to why an application…
COST BITES 411: NON-PARTY COSTS ORDER MADE AGAINST CLAIMANT’S DIRECTOR : HE WHO EXPECTS TO BENEFIT RUNS A RISK OF PAYING THE COSTS…
This case considers the issue of whether it was appropriate to make a non-party costs order. The Master reached a clear conclusion that it was. The individual in question was effectively the driving force behind the litigation in addition to…
THE TCC GUIDANCE ON THE USE OF ARTIFICIAL INTELLIGENCE: A DETAILED EXAMINATION
The section on the use of AI in the latest edition of The Technology and Construction Court Guide is relatively short. However it is significant. It shows that the courts recognise that AI is going to be used. “All legal…
NEW (4th) EDITION OF THE TECHNOLOGY AND CONSTRUCTION COURT GUIDE 2026: A QUICK GUIDE TO THE CHANGES AND THE NEW PARTS
The Fourth Edition of the Technology and Construction Court Guide came into force on 1 July 2026. It is much more than a routine update. Whilst much of the familiar structure remains, there are significant additions reflecting changes in legislation,…
A JUDGE SHOULD NOT HAVE PREVENTED A DEFENDANT TENANT SPEAKING AT A POSSESSION HEARING JUST BECAUSE THEY HAD NOT FILED A DEFENCE: THE CIVIL PROCEDURE RULES HAVE PRIMACY OVER A PEREMPTORY ORDER
I am grateful to barrister James Stark for sending me a copy of this judgment which is important to all those involved in landlord and tenant litigation, but also raises interesting issues as to how far an order of the…
WITNESS EVIDENCE WEDNESDAY: WHEN A LITIGATOR MAKES A STATEMENT ON BEHALF OF THEIR CLIENT: A USEFUL CHECKLIST ON THE SOURCE OF INFORMATION AND BELIEF
We have looked several times recently at the problems caused when a litigator serves their own witness evidence on behalf of a client, particularly a “corporate” client. It often turns out that large parts of this statement are inadmissible, consisting…
COST BITES 411: HOW DOES A COURT DETERMINE THE AMOUNT OF AN INTERIM PAYMENT AS TO COSTS WHEN THE CASE HAS NOT BEEN BUDGETED? SHOULD A PAYMENT BE ORDERED AT ALL?
Knowledge of the principles dealing with payments on account is important for all litigators. For successful parties it is a major aid in relation to cash flow. For the losing party a payment on account will reduce the interest payable. …
WHERE THINGS GO WRONG IN LITIGATION (AND STOPPING IT HAPPENING TO YOU) 4: NOT-SERVING PROPERLY; OBTAINING DEFAULT JUDGEMENT INCORRECTLY AND SUING A PARTY WRONGLY: A LOT OF LESSONS HERE
This post assumes that you have read post on this case earlier today. A claimant’s solicitor made a whole series of errors which led to the case being struck out against two defendants. We continue our series on what went…
SERVICE POINTS 48 : A DEFAULT JUDGMENT IN THE FIRST ACTION (AGAINST A DEFENDANT WHO WAS NEVER SERVED) LEADS TO A SECOND ACTION BEING STRUCK OUT
This is a sorry tale. Someone who may have had a perfectly good claim for damages for personal injury has their case struck out because of procedural mishaps by their own solicitors. It all stems from a failure to serve…
COST BITES 409: A PART 36 CASE TO FINISH OFF THE WEEK: CLAIM £8.4 MILLION GET £102,000 (HAVING TURNED DOWN AN OFFER OF £3.175 MILLION): IT IS NOT “UNJUST” FOR THE CLAIMANT TO FACE TO NORMAL PART 36 CONSEQUENCES, NOR WOULD THE COURT “PICK AND CHOOSE” IN RELATION TO THE COSTS PAYABLE
If ever a case served as a warning to the risks of litigation it is this one. The claimant sought damages of up to £8.4 million but obtained judgment of £102,000. This turned out to be expensive litigation, with the…
COST BITES 408: WHO (IF ANYONE) SHOULD PAY THE COSTS WHEN THE COURT MAKES NO DECISION ON THE SUBSTANTIVE ISSUE?
In this case the judge considered an argument that a claimant who made, but failed, in an application for an interim injunction should not necessarily be liable for costs. This argument was put forward on the basis that the court…
THROWBACK FRIDAY: “WHICH WITNESS WILL BE BELIEVED? IS IT ALL A LOTTERY? (JULY 2014): ISSUES OF WITNESS CREDIBILITY CONSIDERED
This week we go back 12 years to look at one of the recurring themes of this blog: witness credibility. We looked at a judgment which was all about the judge’s assessment of the witnesses. This was made more difficult…
A SOLICITOR SHOULD JUST NOT BE SAYING THIS IN A WITNESS STATEMENT: IT “STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE…”
There are numerous cases reported on this blog where judges have been critical of the “evidence” given by solicitors in witness statements. In many cases, even on cursory examination, it transpires that the lawyer is not in a position to…
COST BITES 407: COURT OF APPEAL OVERTURNS DECISION STRIKING OUT POINTS OF DISPUTE BECAUSE OF NON-AINSWORTH COMPLIANCE: JUDGMENT GIVEN TODAY
In this case the Court of Appeal overturned a decision, itself made on appeal, which had struck out a crucial paragraph of Points of Dispute to a bill of costs. The crucial point here, however, is that this is not…
FIVE THOUSAND CLAIMANTS AND JUST EIGHT COURT FEES: COURT OF APPEAL UPHOLDS DECISION ON CPR 7.3
In this case the Court of Appeal upheld a decision that some 5,000 individual small value cases could proceed together as, essentially, one action. The provisions of CPR 7.3 were considered and the Court held that the High Court Judge…
WHERE THINGS GO WRONG IN LITIGATION (AND STOPPING IT HAPPENING TO YOU 3): ADVISING A CLIENT THAT IF THEY DISCONTINUE THEN THEY CAN’T COME BACK
We are again looking at the lessons that practitioners can learn from a Legal Ombudsman decision. This time it relates to the need to explain the consequences of taking a procedural step. The point here is that many matters that…
THE ONLINE PROCEDURE (RULES AND PRACTICE DIRECTIONS) RULES 2026 COME INTO FORCE ON THE 7th SEPTEMBER: HERE IS A SUMMARY (AND THE RULES THEMSLVES)
The Online Procedure Rules have been published and come into force on the 7th September 2026. Initially these apply just to possession proceedings. However they are a sign of things to come. ” The Overriding Objective of these Rules is to…
EXPERT WATCH 53 (THAT CLINICAL NEGLIGENCE CASE AGAIN): THE DEFENDANT’S EXPERTS MADE MISTAKES AND THEN “GAVE AN IMPRESSION OF LOFTINESS” : THE JUDGE FELT UNABLE TO RELY ON THEIR CONCLUSIONS
Here we have an example of a judge clearly rejecting the expert evidence adduced on behalf of a defendant and giving clear grounds for the criticism of them. This was in the context of a case where the defendant had…
THE CURRENT IMPORTANCE OF PLEADINGS 84 : DEFENCE STRUCK OUT “THE SMALL PARTS OF THE PLEADINGS THAT DO ADDRESS THE CLAIMANT’S CARE ARE LIKE TINY ISLANDS LOST IN A VAST OCEAN OF IRRELEVANCE”
This is a case where the judge had no hesitation in striking out both a defence and counterclaim. The counterclaim had no prospect of success, the defence breached every rule and principle relating to statements of case. The judge, helpfully,…
BACK TO BASICS MONDAY: WHEN A RULE OR AN ORDER PRESCRIBES A PAGE LIMIT TO A WITNESS STATEMENT – THEN YOU’D BETTER STICK TO IT: THE COURT IS UNLIKELY TO CONDONE “FORENSIC CHEATING”
Here we are, with no apology, looking at the same case in the earlier post again. The earlier post dealt with the issue of relief from sanction. Here I want to concentrate on the litigant’s deliberate decision to breach the…
RELIEF FROM SANCTIONS: AS STRONGLY WORDED A REFUSAL AS I HAVE SEEN: THE CONCEPT “DOES NOT EMBODY A PRINCIPLE OF “BREACH NOW REPENT LATER”
Here we look at a strongly worded judgment where relief from sanctions was refused. A party had exceeded the page limit set by court directions and also served the statement late. The judge dismissed the arguments that the other side…
CHILDREN AND FATAL ACCIDENT LITIGATION 2026: WEBINAR 30th JUNE 2026
Fatal accident claims involving children present unique and sensitive legal challenges for practitioners. This webinar examines claims brought on behalf of children as well as claims arising from the death of a child, highlighting the procedural, evidential, and dependency issues…
COST BITES 406: CAN A PARTY RECOVER UNNECESSARY COSTS AS DAMAGES? THE CONSEQUENCES OF AN UNNECESSARY SECOND ACTION CONSIDERED IN THE HIGH COURT
This is a judgment that considers the difficult issue of whether a claimant, who has been put to unnecessary costs of pursuing to separate actions because of the defendant’s conduct, can claim the unnecessary elements of costs back as damages. …
SHOULD THE COURT ALLOW A “NEWLY APPOINTED” EMPLOYEE TO REPRESENT A LIMITED COMPANY AT A HEARING?
CPR 39.6 permits a company to be represented by an employee where the employee is authorised by the company and the court gives permission. We have here a case where the proposed representative only became an employee part-way through the…
THROWBACK FRIDAY: THIRTEEN YEARS OF BLOGGING (JUNE 2013): THE TEENAGE YEARS ARE STARTING…
Today we look at the posts from June 2013, that is the month that Civil Litigation Brief first started as a blog (24th June 2013). Prior to that it had been a monthly (and when the Civil Procedure Rules were…
ASKING THE JUDGE QUESTIONS AFTER JUDGMENT IS DELIVERED: THEY HAVE TO BE NECESSARY TO ENABLE THE PARTIES TO UNDERSTAND THE REASONING OF THE DECISION (AND THESE GO TOO FAR…)
As you can see from the “Related Posts” section below this is not the first time we have considered the position where a losing litigant has written to the judge seeking “clarification” and where the judge has felt that this…
THE NEW SRA GUIDANCE ON SUPERVISION 7: RECORDING ARRANGMENTS (IF IT ISN’T WRITTEN DOWN IT HASN’T HAPPENED…)
We are returning to the SRA Guidance on Effective Supervision, this time looking at the importance that is given to recording the supervision arrangements. It is clear that the SRA expects these to be written down. I have provided a…
AN APPLICATION TO SET A DEFAULT JUDGMENT ASIDE (3): THE DENTON CRITERIA CONSIDERED
An application to set aside a properly obtained default judgment requires the court to consider a number of factors. Having considered whether there are “real prospects” of successfully defending the claim and the issue of promptness the court then goes…
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…
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