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 That Practice Note was superseded by a further Practice Note issued yesterday.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…
COST BITES 370: THE OTHER PART OF THE CAR PARKING SAGA: COURT AWARDS COSTS AGAINST THE CLAIMANT IN A SMALL CLAIMS TRACK CASE
Here we return to the case considered in the previous post. The judge refused to allow the claimant’s representative a right of audience in a Small Claims Track case. This was a Small Claims Track case, however the judge then…
MAZUR(ISH) MATTERS 59: UNQUALIFIED PERSON NOT ALLOWED TO REPRESENT PARKING COMPANY AT A SMALL CLAIMS HEARING
I am grateful to Ritchie Young for sending me a copy of this judgment in which the District Judge refused to allow an unauthorised person a right of audience in a small claims track case. It is not technically part…
MAZUR MATTERS 58: LEARN HOW TO SUPERVISE STAFF PROPERLY – OR RISK GOING TO JAIL: IT IS WISE TO RECORD SUPERVISION ARRANGEMENTS FULLY
One key element of the Mazur decision, that needs repeating, is that it does not allow unauthorised persons to “conduct” litigation. It allows unauthorised people to assist and conduct the tasks involved in litigation so long as they are properly…
MAZUR MATTERS 57: THE INDEMNITY INSURER’S VIEW: “DOES IT CHANGE THAT MUCH REALLY?”: “I STRUGGLE TO THINK OF REAL LIFE SCENARIOS THAT WOULD HAVE FALLEN FOUL OF SHELDON J’S DISTINCTION BUT ARE NOW LAWFUL (AND VICE VERSA)”
I have written several times that when it came to providing practical guidance on how to deal with the Mazur judgment it was often insurers that were far more helpful than the regulators. It is worthwhile having a look at…
MAXIMISING RECOVERY IN INTER PARTIES COSTS: THE ROLE OF THE FEE EARNER: WEBINAR 9th APRIL 2026: 12.00 pm: TRYING TO MAKE SURE YOU OBTAIN MAXIMUM RECOVERY ON ASSESSMENT
This webinar examines the crucial role of the fee earner in maximising the recovery of legal costs. Many litigators have limited experience of detailed assessments and may be unaware of the challenges that can arise during the process. The session…
ANOTHER CASE ON FAILING TO PAY THE COURT FEE: AN APPEAL WAS STILL LODGED IN TIME EVEN THOUGH NO FEE WAS PAID AT ALL
Here we have a case that extends the principles in Siniakovich v Hassan-Soudey. The Court of Appeal held that a statutory appeal was lodged within time, even though it was sent by email to the court and no fee was…
SERVICE POINTS 32: MISSING OUT THE NAME OF THE ROAD ON THE CLAIM FORM DID NOT INVALIDATE SERVICE
The judge here considered an argument that a failure to include the name of the defendant’s street on the claim form meant that service was defective. This argument was rejected. The fact that the street was mentioned on the land…
MAZUR IN THE COURT OF APPEAL: THE IMPLICATIONS FOR PRACTITIONERS: (THIS IS NOT “AS YOU WERE”): WEBINAR 9th APRIL 2026
I have already written about the misunderstandings that have occurred in relation to the Mazur judgment. The judgment is far more nuanced than some commentators suggest and a detailed knowledge of what is required is essential for anyone involved in…
COST BITES 369: SOMETIMES LITIGATION IS MORE ART THAN SCIENCE: “BANKSY” ENTITLED TO INDEMNITY COSTS AFTER ACTION DISCONTINUED, BUT NOT A NON-PARTY COSTS ORDER
Here we have a case where the claimant discontinued. Discontinuance made the claimant liable to pay costs. However in this case it was ordered to pay costs on the indemnity basis (from a key date). The judge then considered the…
MAZUR MATTERS 55: THINGS WE DON’T KNOW THE ANSWER TO (2): WHAT DEGREE OF SUPERVISION IS REQUIRED: THIS “WILL ALWAYS DEPEND ON THE CIRCUMSTANCES”
It is important to note that the Court of Appeal decision yesterday did not create a “free for all” for unauthorised persons to undertake the conduct of litigation. Far from it. A central part of the judgment was the need…
WITNESS EVIDENCE WEDNESDAY: COURT STRIKES OUT PARTS OF DEFENDANT’S WITNESS STATEMENT AS NON COMPLIANT WITH PD57AC (AND THE DEFENDANT IS A BARRISTER…)
This case adds to the growing number of cases where the courts have considered whether a witness statement breaches PD 57AC and the consequences for breach. The defendant’s initial statement contained numerous breaches of PD57. A revised statement was more…
THE MAZUR DECISION TODAY 5: THE “NUANCED” BITS: IT IS ALL ABOUT DELEGATION OF TASKS AND SUPERVISION (AND HERE IT IS OVER TO THE REGULATORS…)
I have already written that the judgement is Mazur is far more nuanced than many commentators have suggested. It does not give a “free for all” for non-authorised persons to litigate. Rather it gives authorised lawyers the ability to delegate…
PROVING THINGS 285: THE DEFENDANT ESTABLISHES THAT THE CLAIMANT WAS FUNDAMENTALLY DISHONEST: “IT IS NOT CONSISTENT WITH QOCS TO EXTEND IT TO CLAIMANTS WHO KNOWINGLY TELL UNTRUTHS ABOUT SOMETHING FUNDAMENTAL TO THEIR CLAIM…”
This is a judgment on fundamental dishonesty where the judge considers, in some detail, the burden of proof and what a defendant needs to establish. There are important observations about the burden of proof and consideration of the term “dishonesty”…
THE CURRENT IMPORTANCE OF PLEADINGS 65: THE REASON WHY PLEADINGS ARE IMPORTANT IN ALL TYPES OF CASES: “IF THE DEFENDANT FEELS SHE HAS FAILED TO ESTABLISH ANY PART OF HER CASE BY REASON OF INADEQUATE PLEADINGS … SHE MAY NEED TO TAKE THAT UP WITH HER SOLICITORS…”
I appreciate that today has been a “pleadings heavy” day on this site. However the reason for this is that pleadings are important across the board. Earlier today we looked at pleadings in a multi-million pound dispute between two banks. Here…
THE CURRENT IMPORTANCE OF PLEADINGS 64: THE DEFENDANT TRIES – AGAIN – TO RELY ON EXTERNAL REPORTS AS FACTUAL PARTS OF ITS DEFENCE…
We continue our examination of this judgment where the judge considered the factors relating to amending pleadings in detail. In this case the defendant attempted (for the second time) to rely on the contents of an external report. The judge…
THE CURRENT IMPORTANCE OF PLEADINGS 63: WHEN ARE AMENDMENTS TO PLEADINGS “CONSEQUENTIAL” – DOES A PARTY HAVE “GENERAL RIGHT” TO INTRODUCE NEW MATTERS?
Here we continue with our examination of attempts to amend pleadings. We are looking at the same case as the previous post but a different judgment from a different judge. Here the claimant amended its Particulars of Claim and the…
THE CURRENT IMPORTANCE OF PLEADINGS 62: REFERRING TO AN EXTERNAL REPORT IN A DEFENCE MAY NOT BE HELPFUL: “A PLEADING NEEDS TO BE UNAMBIGUOUS AND COHERENT”
Today we are going to look in detail at attempts to amend a defence. There is much to learn about pleadings, pleading defences and applications to amend. We start off with an application made last year. However as we shall…
BACK TO BASICS MONDAY: GIVING THE SOURCE OF INFORMATION AND BELIEF IN A WITNESS STATEMENT: A MANDATORY OBLIGATION OFTEN IGNORED
It is surprisingly common to see witness statements that fail to comply with the basic – and mandatory – requirement that the maker of the statement gives the source of any matters of information or belief they are giving evidence…
HOW A FIRM OF SOLICITORS SHOULD NOT CONDUCT THEMSELVES IN LITIGATION: A WORKING EXAMPLE: EVIDENCE THAT WAS “GENERALLY UNRRELIABLE” AND “LACKING IN CREDIBILITY”
Here we are looking at a judgment that contains some remarkable observations and findings about the conduct of a solicitor. The judge was concerned not only about the failure to comply with directions, the inadequate nature of the statement of…
PROVING THINGS 284: APPLICANT FOR INJUNCTION FAILS ON JUST ABOUT EVERY POINT: THE CASE WAS DIFFICULT TO UNDERSTAND; NO EVIDENCE OF A RISK OF DISSIPATION; MATTERS THAT LEAVE THE JUDGE “BAFFLED” AND UNCOMFORTABLE
The applicant in this case sought an injunction. The application was (unusually) made on notice. The respondent did not have the opportunity to put in evidence. The applicant failed on just about every point. It was unclear what the applicant’s…
GETTING YOUR CASE INTO THE RIGHT COURT: A BIZARRE DECISION TO PUT A CASE IN THE CHANCERY DIVISION: MAKING THE CORRECT SELECTION IS IMPORTANT AND MIGHT MATTER
It is important that cases are managed, and heard, in the appropriate specialist court. Here we have a case that went on a frolic of its own into the Chancery Division for a while before being put back into the…
THROWBACK FRIDAY: MAKING A MISTAKE AND THEN BIGGING A DEEPER HOLE FOR YOURSELF: MARCH 2018
Here we are looking at a set of circumstances that we have seen many time, both before and after this post from March 2018. A lawyer makes a mistake, panics and then makes horrendous decisions in an attempt to cover…
THE “SEVEN DAY” DOCUMENTS IN JUDICIAL REVIEW PROCEEDINGS: YOU DON’T PLAN NOT TO COMPLY – BUT…
In civil procedure it is often the failure to comply with clear and obvious rules that can cause difficulties or annoyance. We have an example here in the Planning Court (however the rules in question apply to all judicial review…
KEEPING TIME ESTIMATES UNDER REVIEW: JUDGE GIVES REASONS FOR ADJOURNING APPLICATION: AND (BY THE WAY) “JUDGES ARE NOT SUPERHUMAN”
It is rare that we see a detailed judgment on the reasons why an application has to be adjourned. Here the judge comments on the reasons for the adjournment but also observes that the initial time estimate for the application…
THE CIVIL PROCEDURE (AMENDMENT) RULES 2026 (3): TIME LIMITS FOR COMMENCING PROCEEDINGS UNDER THE PROCUREMENT ACT MADE CLEAR…
Some of the changes being introduced on the 6th April 2026 are relatively niche. However given that they could impact CLB readers who deal with these issues on a regular or “one off” basis I do not like to miss…
THE COURT REFUSES AN APPLICATION THAT A TRANSCRIPT BE OBTAINED AT PUBLIC EXPENSE: IF YOU ARE BROKE THEN WHY HAVEN’T YOU ATTENDED COURT TO PROVE THIS?
Here is a judgment that contains a central irony. The applicant had failed to attend court to be examined about his means and as a result his passport was confiscated. His application to have the passport returned was refused. In…
COST BITES 367: THE SOLICITOR’S TERMS OF BUSINESS MEANT THAT BILLS RENDERED WERE EACH FINAL BILLS: THE TERMS OF ENGAGEMENT WERE “UNEQUIVOCALLY CLEAR”
The issue of whether “interim” bills rendered by solicitors were “statute” bills or “Chamberlain” bills is one that can have profound practical importance. If they are not statute bills then they may be open to a Solicitors Act assessment. If…
THE APPELLATE JUDGE SHOULD NOT HAVE ALLOWED THE APPELLANTS TO RUN A NEW ISSUE : THE ABILITY TO PAY COSTS IS AN IMPORTANT FACTOR AND WAS NOT CONSIDERED PROPERLY
Here we have a case where the appellants were, initially, allowed to argue a point that had not been argued in the court below. The Court of Appeal was clear in its view that the judge should not have allowed…
SERVICE POINTS 31: RELIEF FROM SANCTIONS GRANTED WHEN THE CLAIMANT FAILED TO APPLY IN TIME TO LIFT A STAY: A RARE SUCCESS ON A CLAIM FORM ISSUE
Here we are looking at an unusual set of facts in relation to service of the claim form, not least because it led to the issues being considered under the Denton criteria and is a (relatively rare) example of a…
THE CURRENT IMPORTANCE OF PLEADINGS 61: CLAIM FOR LIBEL WAS NOT PROPERLY PLEADED: “MUCH OF THIS ESSENTIAL DETAIL IS MISSING”
As we shall see there are very strict and precise requirements for pleading libel. There are numerous cases where the claimant has failed to get past the preliminary stages because of inadequate pleadings. We look at such a case here….
HALLUCINATIONS KEEP APPEARING IN THE REPORTS: TWO MORE EXAMPLES: COUNSEL AT FAULT IN BOTH…
We are looking at two more examples of “hallucinated” cases appearing in reported cases. In both cases it was counsel that was presenting the case. (In one case counsel was acting for himself). “The incident does, however, demonstrate vividly the…
BACK TO BASICS MONDAY: THE NEED TO SERVE A NOTICE DISPUTING THE AUTHENTICITY OF A DOCUMENT: CPR 32.19
Here we look at a case that illustrates a very basic principle of civil procedure and evidence. It is a case where the claimant was, in essence, disputing the authenticity of several documents. However a basic procedural step had not…
THE CURRENT IMPORTANCE OF PLEADINGS 60: FAILING TO PLEAD A CLAIM FOR “LOSS OF CHANCE” LEADS TO TRIAL BEING RESTRICTED TO LIABILITY (AND THE CLAIMANT’S FACING RESPONSIBILITY FOR ADDITIONAL COSTS)
Here we are looking at a failure to plead the claimant’s case as to damages fully. The claimant wanted to advance a claim for “loss of chance” in addition to seeking damages on the balance of probability. The judge rejected…
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