BACK TO BASICS MONDAY: WHAT TO WEAR TO COURT: “IF YOU ATTEND COURT DRESSED INAPPROPRIATELY, COURT STAFF MAY REFUSE YOU ENTRY”
The issue of what is appropriate dress for court is a very basic one. It has, in the past, sported controversy. However correct and appropriate dress is important, it helps the litigants. It pays to remember that some clients…
THROWBACK FRIDAY: THE GOOD STUFF ABOUT BEING A LITIGATOR – FROM NICE LAWYERS (MAY 2020)
In May 2020 we were in the grip of the COVID crisis. Many of the posts from that period deal with issues arising from COVID, including a series (“The (Not So) Lonely Litigator’s Club – which looked at how people…
OPENING LINES OF JUDGMENTS: “THE MOST LITIGATED “FAMILY” DISPUTE IN LEGAL HISTORY (MAYBE…)
The opening lines of judgments sometimes disclose an epic saga of litigation. This is certainly the case here. A case that may well replace Jarndyce -v- Jarndyce as the classic example of lengthy (and presumably expensive) litigation – with quite a…
ATTENDING A CIVIL COURT AS A WITNESS: USEFUL LINKS FROM HOME AND ABROAD: A GOOD START BUT WITH MORE WORK TO DO
Yesterday I wrote how little support there seemed to be for those attending civil courts to give evidence. I have since found some useful guidance and here are the links. I will be more than pleased if people write in…
COST BITES 382: SHOULD THE COURT DEPART FROM THE FIXED COSTS REGIME? : “THIS HAS BECOME A COMPLEX APPLICATION…”
One of the (many) things that litigators need to keep an eye on in years to come is the circumstances in which the courts depart from fixed costs regimes. If this happens too readily then the purpose of the regime…
PROVING THINGS 289: CLAIMANT FAILS TO ESTABLISH BASIC FACT OF ASBESTOS EXPOSURE
This is another case that highlights the evidential difficulties of establishing exposure in asbestos cases. The principal victim is often dead, the claimant (usually a widow) cannot give direct evidence of the facts of exposure and the case is reliant…
THE CURRENT IMPORTANCE OF PLEADINGS 69: ALLEGATIONS OF DISHONESTY SHOULD HAVE PLEADED: IT IS INAPPROPRIATE TO QUESTION WITNESSES ON THE BASIS THAT THEY HAD ACCEPTED A PROPOSITION WHEN THEY HAD NOT DONE SO
There are several matters of interest in this judgment given last Friday. Firstly that allegations of fraudulent conduct were made when those assertions had not been pleaded. Secondly the judge was critical of the attempt to cross-examine witnesses on the…
BACK TO BASICS MONDAY: WHAT AFFECT DOES A BANK HOLIDAY HAVE ON THE COMPUTATION OF TIME UNDER THE CPR?
Normally there are no posts on bank holidays. But this subject is apposite. If you are having a day off today, what impact does a bank holiday have on the computation of time. COMPUTATION OF TIME AND BANK HOLIDAYS…
EXPERT WATCH 46: GUIDANCE AS TO THE INSTRUCTION OF EXPERTS IN THE COURT OF PROTECTION: (BUT SOMETHING FOR ALL OF US TO TAKE AWAY…)
The guidance given in this case is obviously of interest to those who practice in the Court of Protection (as practitioner or expert). However some of the points made here are of general interest. In particular in relation to the…
FILING A NOTICE OF APPEAL OUT OF TIME: A TALE OF THREE CITIES: RELIEF FROM SANCTIONS GRANTED WHEN THE APPEAL WAS LATE BUT THE SOLICITORS “DID NOTHING WRONG AT ALL”
In this case the judge granted permission to appeal when the appeal notice was lodged 25 days out of time. Not only is this an example of the court using its discretion under Denton and taking into accounts issues with…
COST BITES 381: DOES THE COURT HAVE POWER TO ORDER SECURITY FOR COSTS IN RELATION TO AN ASSESSMENT? SOME INTERESTING COMMENTS ABOUT THE COSTS OF ASSESSMENT ALONG THE WAY…
This case is interesting for several reasons. Firstly the judge considers whether the court has power to order security for costs in a detailed assessment. Secondly there are some interesting observations about the costs incurred in the assessment process (and…
SERVICE POINTS 38: THE CLAIMANT SERVES AT THE WRONG ADDRESS BUT THE DEFENDANT FAILS TO APPLY IN TIME (A CLASSIC STORY)
This is a case where lessons can be learnt by both claimants and defendants. The claimant served at the wrong address, however the defendant did not respond promptly or timeously. KEY PRACTICE POINT There are lessons here for both parties….
WITNESS EVIDENCE WEDNESDAY: KEEPING COMMERCIAL LITIGATORS OFF THE NAUGHTY STEP: WEBINAR PLUS USEFUL CHECKLISTS AND PRECEDENTS: 30th APRIL 2026
For the past week we have looked at cases where judges have been critical of the failure to comply with the provisions of PD57AC. These issues are being addressed in the webinar tomorrow. In addition to looking at the guidance…
THE COSTS LIABILITY OF A REPRESENTATIVE OF A DECEASED PERSON UNDER CPR 19.12 CONSIDERED: THE SITUATION IS NOT THE SAME AS AN ADMINISTRATOR OR EXECUTOR
This case considers the costs liability of a person appointed under CPR 19.12 to represent a deceased person. The court made it clear that such an appointment is not directly analogous to that of an administrator or executor. Different costs…
COST BITES 380: “ALWAYS CHOOSE A COSTS LAWYER FOR EXPERT LEGAL COSTS ADVICE”: GUIDANCE FROM THE SRA
The Solicitors Regulation Authority have sent out a short Note on selecting professional help to assess legal costs. It is worth reading. Indeed it may be regarded as essential reading. “Using an unregulated costs adviser can expose you and your…
THE DEFENDANT WAS OUT OF TIME FOR APPLYING FOR PERMISSION TO APPEAL: THE COURT DID NOT HAVE POWER AT THIS STAGE IN ANY EVENT
This judgment provides a short reminder that if a party wants to seek permission to appeal from the court that made the decision then that application must be made at the hearing being appealed itself, or any adjournment of that…
IS AN APPLICATION VALID IF THE INCORRECT COURT FEE IS PAID? THE ISSUES CONSIDERED…
We have had a flurry of cases recently about the consequences of failing to pay the correct fee when issuing proceedings. Here we have a case where the court considers the implications of a failure to pay the correct fee…
SERVICE POINTS 37 : IS SERVICE ON A P.0. BOX GOOD SERVICE? (OH – AND BY THE WAY – AS IT TURNS OUT – THE CLAIM FORM WAS NEVER, IN FACT, SERVED AT ALL): A BIT OF A SURPRISE FOR THE CLAIMANT AT THE APPEAL STAGE
Is service on a P.O. Box address good service? That was the issue being considered in this appeal. However the claimant was in for a bit of a shock. Enquiries by the judge revealed that the claim form had never…
COMMERCIAL LITIGATORS ON THE NAUGHTY STEP 4: WHY IS PD57AC BREACHED SO OFTEN? “SOLICITORS MIGHT FEEL UNDER PRESSURE TO SIGN CERTIFICATES OF COMPLIANCE … EVEN WHEN THEY KNOW THAT STATEMENTS WERE NOT COMPLIANT…”
There has a been a regular flow of cases where the courts have commented that PD57AC has not been complied with, it is “more honoured in the breach than the observance”, was noted in one judgment. Given that these are…
OPENING LINES TO START THE WEEK: “FOR CENTURIES, IT HAS BEEN RECOGNISED THAT HUMAN HEARING CAN BE DAMAGED BY EXPOSURE TO LOUD NOISE”
We usually review the opening lines of judgments at the end of the year. However I thought this would be a good way to start the week, ranging as it does from ancient Greece to Rome and then to important…
BACK TO BASICS MONDAY: WHEN YOU ARE SEEKING PERMISSION TO RELY ON EXPERT EVIDENCE THE COURT HAS TO KNOW HOW MUCH IT WILL ALL COST…
Here we are looking at a basic requirement that is often overlooked. When a party is applying for permission to rely on expert evidence there is a mandatory obligation to provide the court with an estimate of costs. THE…
COMMERCIAL LITIGATORS ON THE NAUGHTY STEP 3: WHY PD57AC WAS INTRODUCED: “THE PROPER AND SENSIBLE SCOPE OF EVIDENCE-IN-CHIEF IS NO LONGER THE STOCK-IN-TRADE KNOWLEDGE OF THOSE RESPONSIBLE FOR PROOFING WITNESSSES…”
It is useful to remember why the strictures in PSD57AC were introduced. It followed the report of the Witness Evidence Working Group which was produced at the end of 2019. That report highlighted some major issues in relation to the…
THE “WEAPONISATION” OF APPLICATIONS TO COMMIT IN CIVIL PROCEEDINGS: IT’S NOT CLEVER, IT’S NOT “TOUGH” AND IT CERTAINLY IS NOT A MARKETING TOOL
There are some interesting, and important, observations in this judgment about the use (or misuse) of applications to commit in civil proceedings. The judge felt that this case was part of a larger trend to “weaponise” contempt proceedings as part…
WITNESS STATEMENTS SERVED LATE: THE COURT GRANTED RELIEF FROM SANCTIONS – BUT… : BE WARY OF MISSING THINGS WHEN OTHER THINGS ARE GOING ON…
Here we have a case where both parties failed to comply with a direction to file witness statements by a certain date. The court granted relief from sanctions, and it is easy to see why. However it is case that…
COST (MEGA) BITES 378: WHO WOULD SPEND £15,751,483 PLUS VAT TO RECOVER DAMAGES OF £16.91? (WELCOME TO THE SURREAL WORLD OF “COLLECTIVE PROCEEDINGS”: THE CAT ARE CONCERNED THAT LITIGATION IS BEING BROUGHT FOR THE LAWYERS & FUNDERS RATHER THAN CONSUMERS
There are many who have doubts, often profound doubts, about the utility of class actions where each of the recipients will recover minute sums. Those doubters will have their views compounded by the judgment in this case. The likely damages…
SERVICE POINTS 36 : “THIS IS AN AREA OF UNDOUBTED STRICTNESS”: ERRORS IN SERVICE OF THE CLAIM FORM WERE FATAL TO THE CLAIM
Regular readers of this site will not need reminding of the strictness of the rules relating to service of the claim form. Here we have another example. The claimant failed to serve the sealed claim form within the period allowed…
COST BITES 377: THE COURT WOULD NOT STAY A PAYMENT ON ACCOUNT PENDING THE DEFENDANT’S APPEAL AND/OR APPLICATION FOR A RIGHT TO SET OFF THEIR OWN COSTS (WHY WHAT IS TAKEN OUT OF DRAFT ORDER CAN BE AS IMPORTANT AS WHAT IS LEFT IN…)
Here we have an unusual issue, caused by the defendant agreeing to an unusual order (more accurately the removal of a proposed term of an order). The defendant was liable to pay the claimant’s costs of a hearing which were…
PERSONAL INJURY POINTS 12: WHAT IS A CLAIMANT TO DO ABOUT CRU IF THE DEFENDANT IS NOT INSURED AND NOT RESPONDING?
This case considers the issues that arise when a defendant has failed to comply with its statutory obligation to notify the Compensation Recovery Unit of a claim. What duties does the claimant have in these circumstances. The blunt answer is…
SERVICE POINTS 35: HOT OFF THE PRESS: THE HIGH COURT UPHOLDS INITIAL FINDING THAT AN ELECTRONICALLY ISSUED AND SUBSQUENTLY AMENDED CLAIM FORM DOES NOT HAVE TO BE RE-SEALED PRIOR TO SERVICE
The cases on service of the claim form continue to flow. Here the defendant appealed a decision that it was not necessary for a claimant to serve a sealed copy of an amended claim form. As we shall see the…
SERVICE POINTS 34: IS SERVICE BY EMAIL IS STILL VALID – IF IT SITS IN THE RECIPIENT’S SPAM BOX?
There is an ongoing consultation process about the use of email in civil procedure. It is now commonplace, almost universal. However what is the situation where the email, carrying important notification, lands inside the recipient’s spam box? That is the…
WITNESS EVIDENCE, RECOLLECTION AND CREDIBILITY: AMY WINEHOUSE, HER FRIENDS AND THE ACCURACY OF RECOLLECTION
Here we have a classic case about witness recollection and accuracy. The result has already been widely reported given that it concerns the singer Amy Winehouse. The case rested, ultimately, on witness evidence “The factual findings in relation to this…
BACK TO BASICS MONDAY: WHEN CAN A WITNESS BE EXCLUDED FROM THE COURT HEARING?
In civil proceedings witnesses are commonly present throughout an entire action. On occasions a request is made that witnesses be excluded. There is little authority for the proposition that a court can exclude witnesses or guidance as to how the…
THERE MAY BE A LOT OF LAWYERS REPRESENTING A PARTY: HOWEVER THE CLAIM WAS STILL PRESENTED IN AN “UNFOCUSED” MANNER: A “MOVEABLE FEAST” IS NOT A WISE WAY TO CONDUCT LITIGATION
It is not that common for a judge to comment that a claim has been brought in an “unfocused manner”. It is even less common in a case where the case is heavily “lawyered”. We have an example here. The…
AN APPEAL WAS LODGED IN TIME: SOMETIMES THE COURT DOES NOT HELP – BUT HINDER: “I HAVE CONCLUDED THAT THE COURT THWARTED THE LITIGANT’S PROPER AND REASONABLE ATTEMPT TO BRING THE APPEAL IN TIME”
Here we have a case where an important time limit was, on the face of it missed, because the court itself “thwarted” genuine attempts to lodge an appeal in time. It is an object lesson the care that needs to…
ACCEPTANCE OF A PART 36 OFFER WHILST AN APPLICATION TO REALLOCATE THE CASE FROM BAND 2 TO BAND 1 IS PENDING: CAN THE COURT STILL PROCEED TO REALLOCATE?
I am grateful to my colleague Steven Turner for sending me a copy of this interesting decision which relates to Part 36, fixed costs and applications to “re-band” a case. The case may be unusual in that an application for…
PROVING THINGS 286: THE CLAIMANT FAILS TO PROVE ITS CASE: YOU LOST US $715 MILLION IN TWO YEARS BUT THAT WAS BECAUSE YOU DID NOT UNDERSTAND THE BUSINESS YOU WERE BUYING
Here we have a case where the claimant lost a lot of money ($715 million) in a short amount of time (two years) but failed in its attempt to show that this was due to the fault of the defendants….
THE CURRENT IMPORTANCE OF PLEADINGS 66: WHEN THE CLAIMANT TRIES TO ADVANCE ALLEGATIONS NOT STATED IN THE STATEMENT OF CASE THOSE MATTERS ARE NOT CONSIDERED BY THE JUDGE
This case illustrates the need for allegations to be pleaded, particularly in relation to assertions of fraud. It took 38 days of court time and concerned a loss of US $715 million. Still the judge was concerned that allegations were…
PRACTICE NOTE FROM THE CHANCELLOR OF THE HIGH COURT: NEW REQUIREMENTS FOR SUMMARY ASSESSMENT FROM 14th APRIL 2026 (UPDATED)
Last month I wrote about the Practice Note in relation to Summary Assessments that take place in the Rolls Building from the 14th April 2026. That Practice Note was superseded by a further Practice Note issued yesterday. (In other words…
“GUIDE, MENTOR AND FRIEND”: REVIEW OF THE APIL GUIDE TO CATASTROPHIC INJURY CLAIMS 4th EDITION: STUART McKECHNIE KC (AND A FORMIDABLE TEAM): THE “LITTLE GEM” THAT KEEPS ON GIVING
The fundamental question for a reviewer of a legal text is – is this book worthwhile? Here there is only one answer. A book of considerable importance, assistance and utility is a “must buy”. HOW DO I SUMMARISE THIS? Sir…
WITNESS EVIDENCE WEDNESDAY: THE COMMERCIAL COURT REPORT AND WITNESS STATEMENTS: PD57AC WAS FIVE YEARS OLD THIS MONTH – STILL GUIDANCE IS NEEDED
The Business and Property Courts – The Commercial Court Report 2024-2025 makes interesting reading. It notes that PD57AC came into force some five years ago. It still shows the need to emphasise that the Practice Direction needs to be complied…
MAZUR MATTERS 60: THE REVISED LAW SOCIETY GUIDANCE NOTE: SOME KEY POINTS: THIS WILL REQUIRE CLOSER OVERSIGHT OF THE WORK BEING DONE
One remarkable aspect of the Mazur decision is that in a very real sense it is the losers of the case who get to decide what goes on going forward. The Court of Appeal rejected the submissions of the Law Society…
THERE WAS NO AGREEMENT TO EXTEND TIME FOR SERVICE AS THE DEFENDANT ASSERTED: THE SCCO REFUSES TO SET ASIDE A DEFAULT COSTS CERTIFICATE
This is an interesting judgement on two levels. Firstly the judge did not accept the defendant’s contention that there had been an agreement to extend time for service of Points of Dispute to a bill of costs. Secondly, applying the…
MAZUR MATTERS 59: REMEMBER THAT MOST OF THIS AROSE BECAUSE SOMEONE DIDN’T KNOW (OR APPLY) THE CORRECT RULES AS TO FIXED COSTS
One underlying irony about the Mazur debacle is that most of the problems arise because of a mistake as to costs. The Circuit Judge ordered Ms. Mazur and Mr Stuart £10,653 when, in fact, the costs should only have been £636.00. …
BACK TO BASICS MONDAY: TIME LIMITS FOR CHALLENGING SOLICITORS’ BILLS
There have been a large number of posts recently relating to solicitor and own costs assessments. Many of these cases have related to the issue of whether bills delivered were “statute” bills “interim statute bills” or simply interim bills. The…
WASTED COSTS ORDER MADE AGAINST SOLICITORS WHEN THEY WERE MISTAKEN AS TO WHO THEY WERE INSTRUCTED BY: THE DEFENDANT ESTABLISHES CAUSATION
In this case a wasted costs order was made against a firm of solicitors for breach of warranty of authority. The stated to the defendant and the court, and believed, that they were instructed by the claimant’s insurers when, in…
COST BITES 375 : WHY THESE INTERIM BILLS WERE NOT STATUTORY BILLS: “VERY CLEAR EVIDENCE WOULD BE NEEDED TO ESTABLISH THAT AN INVOICE WHICH, ON ITS FACE, IS EXPRESSLY NOT FINAL HAS NONETHELESS BEEN AGREED TO BE FINAL”
Last month we looked at a case where a series of interim bills were found to be statutory bills. Today we look at a case where the court came to the opposite conclusion. This has important practical consequences in that…
THROWBACK FRIDAY (1): ADJOURNMENTS ON THE GROUNDS OF ILL HEALTH: A DETAILED CONSIDERATION (APRIL 2015)
The issue of adjournments being sought because of the ill-health of a party or witness (and in one case Leading Counsel) is always a concern. Sometimes these applications are made late, on the morning of the trial itself, and the…
SERVICE POINTS 33: COURT MADE AN ORDER FOR ALTERNATIVE SERVICE ON A RUSSIAN COMPANY’S LEGAL REPRESENTATIVES
Here was have a successful application for alternative service on the defendant’s legal representatives. It shows that in some circumstances the courts are willing to make such orders, particularly when the defendant is based abroad and there are potential issues…
SETTING ASIDE DEFAULT JUDGMENT: THE RELEVANCE OF DELAY AND THE DENTON PRINCIPLES CONSIDERED IN THE HIGH COURT
For many years now we have been looking at the interaction between an application to set aside a default judgment and the “Denton” criteria. Here we look at another case where the court considered relief from sanctions in this context. …
USEFUL CHECKLISTS TO HELP ENSURE COMPLIANCE WITH MAZUR: PART OF THE MATERIALS PROVIDED WITH THE WEBINAR ON THE 9th APRIL
The webinar on Thursday provides a wealth of material in relation to compliance with the Court of Appeal guidance as to the conduct of litigation after the Court of Appeal decision in Mazur. In addition there is a series of…
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