NOW HERE’S AN UNUSUAL APPLICATION: COURT REFUSES DEFENDANTS’ APPLICATION TO APPROVE A SETTLEMENT REACHED WITH A CLAIMANT – WHO HAD CAPACITY
In David Forsyth v Craig Howson & Anor [2025] EWHC 653 (KB) HHJ Claire Evans (sitting as Judge of the High Court) refused an unusual application by the defendants. The claimant had capacity to litigate and yet the defendants sought an order…
THE COURT WOULD NOT ORDER A SPLIT TRIAL: FUZZY LINES, COSTS, PREJUDICE AND OTHER FACTORS MEAN ALL ISSUES SHOULD BE HEARD TOGETHER
In Tatiana Soroka v Payne Hicks Beach (A Firm) [2025] EWHC 602 (Ch) Master Kaye refused the claimant’s application for a split trial. The judgment considers in detail the guidance from the authorities and the matters the court should take into account….
“A TRAP FOR THE UNWARY”: WHEN DOES TIME FOR APPEALING START TO RUN WHEN A JUDGMENT IS SENT OUT? CLARITY IS ESSENTIAL
The judgment of Mr Justice Hayden in F (A Minor) (Permission To Appeal) [2025] EWHC 638 (Fam) highlights a trap for those seeking permission to appeal. The time for appealing runs from the date that the order was announced and…
PROVING DAMAGES – THE CLAIMANT LAWYER’S BASIC TASK: WEBINAR 19th MARCH 2025
The “Proving Things” series on this blog is now up to number 256. The vast majority of this series is, in fact, about not proving things. That is where litigants fail to bring sufficient (sometimes any) evidence to court to prove…
ANOTHER BREACH OF THE EMBARGO ON A DRAFT JUDGMENT: REMEMBER THIS IS A CONTEMPT OF COURT
In John Sisk and Son Ltd v Capital & Centric (Rose) Ltd [2025] EWHC 594 (TCC) HHJ Stephen Davies (sitting as a High Court Judge) found that a party had breached the rules relating to the embargo on a draft…
THE CURRENT IMPORTANCE OF PLEADINGS 3: EXPERT EVIDENCE WAS NOT NECESSARY, NOT PROPORTIONATE AND DID NOT REALLY RELATE TO THE PLEADED ISSUES
There is a consideration of the principles relating to the use of expert evidence in the judgment of Mr Justice Fancourt in Cohen & Ors v Co-operative Group Ltd & Ors [2025] EWHC 526 (Ch). The judge rejected the claimants’…
HMCTS GUIDANCE ON HOW TO ISSUE AND MANAGE A MONEY CLAIM ONLINE: GUIDE FOR LEGAL PROFESSIONALS
HM Courts and Tribunal Services have published two documents to help legal professionals issue and manage an online money claim. THE DOCUMENTS 1. Issue and online money claim as a legal professional 2. Manage and online money claim as…
SOCIAL MEDIA AND THE PERSONAL INJURY LAWYER 2025: WEBINAR 12th MARCH 2025
Few lawyers can afford to ignore the effect of social media, both in relation to their cases and their practice generally. In some cases social media entries can affect the outcome of trials. There are specific duties placed upon lawyers…
THIS SKELETON ARGUMENT IS FAR TOO LONG, DOES NOT COMPLY WITH THE RULES – AND ISN’T GOING TO BE ADMITTED
In Henderson & Jones Ltd & Ors v Grange Heating Services Ltd & Ors (COSTS) [2024] EWHC 3572 (TCC) Adrian Williamson KC (sitting as a High Court Judge) refused to admit a “skeleton” argument that was too long and did…
THE CURRENT IMPORTANCE OF PLEADINGS 1: FAILURE TO SERVE A REPLY ALLEGING FORGERY LEADS TO JUDGMENT AT TRIAL BEING SET ASIDE
For some time now I have been meaning to write a series on the numerous issues that arise when cases are not pleaded properly. There are a catalogue of cases where the parties come to court, normally shortly before (sometimes…
THIS CASE SHOULD HAVE BEEN ISSUED IN CARDIFF; HEARD IN THE COUNTY COURT AND THERE SHOULD HAVE BEEN A SPLIT TRIAL: HIGH COURT ISSUES A WARNING
We are returning to the judgment of Mr Justice Cotter in Boyd v Hughes [2025] EWHC 435 (KB). At the conclusion of the judgment there is a very clear warning that this case: (i) should not have been issued in the…
A QUICK POST ABOUT BUNDLES: THIS WAS “ALMOST UNUSABLE”: “THE INDEX MUST IDENTIFY THE DOCUMENTS CONTAINED”
There is an interesting postscript to the judgment of Judge Anthony Snelson in the case of Soor v Luton Borough Council [2025] UKFTT 259 (GRC). It relates to bundles… … the bundle produced by the Council (over 600 pages long)…
COST BITES 219: DISBURSEMENTS: WHAT IS A REASONABLE AND PROPORTIONAL INTERPRETER’S FEE? THE COURT MUST “HAVE REGARD TO THE MARKET”
In Santiago v Motor Insurers’ Bureau ( The County Court at Central London, 22nd February 2025,available here Santiago v MIB Final)* HHJ Dight CBE considered the issue of what was a reasonable and proportional interpreter’s fee. The case had been…
SENSIBLE STEPS TO TAKE WHEN THERE IS NO TRANSCRIPT OF A HEARING AVAILABLE
A very short passage in the judgment of Mr Justice Fancourt in Odhavji v Tighe & Ors [2025] EWHC 372 (Ch) sets out the steps a prudent party should take when a transcript (and sometimes a judgment) cannot be obtained. …
DOES A PROPOSED NEW DEFENDANT HAVE TO BE GIVEN NOTICE OF THE APPLICATION TO JOIN THEM INTO THE ACTION? TWO CONTRASTING VIEWS FROM THE COURT OF APPEAL
In Noel Anthony Clarke v Guardian News & Media Ltd [2025] EWCA Civ 164 the Court of Appeal considered (but did not determine) the question of whether it was mandatory to give notice of the application to join a new defendant to…
A PARTY CAN’T REALLY OBJECT THAT EVIDENCE IN RESPONSE IS SERVED LATE: WHEN THIS INVOLVES THE RESPONSE BEING SERVED BEFORE THE EVIDENCE IS RECEIVED…
In Lexi-Rae Speirs v St Georges University Hospitals NHS Foundation Trust [2025] EWHC 337 (KB) Senior Master Cook considered an argument that the defendant’s evidence should not be admitted because it was served late. The fundamental problem with the claimant’s submission…
AVOIDING PITFALLS WITH WITNESS STATEMENTS – HOW TO DRAFT AN EFFECTIVE WITNESS STATEMENT: WEBINAR 26th FEBRUARY 2025
Judges regularly complain that witness statements are inadequate and do not contain sufficient information, alternatively that they contain much information that is irrelevant and the witness is unable to give. This webinar is designed to help practitioners avoid the major…
CONTENTS OF WITNESS STATEMENTS AND DOCUMENTS IN EMPLOYMENT TRIBUNAL GIVE RISE TO A PRIMA FACIE CASE OF CONTEMPT OF COURT
In Commerzbank Ag v Ajao [2024] EWHC 3168 (KB) Ms Justice Eady gave permission to bring committal proceedings on the basis of evidence that had been used before the Employment Tribunal. The case is a reminder that making witness statements,…
CPR 11 AND THE PRINCIPLES IN HODDINOTT DO NOT APPLY IN A CASE WHERE THE COURT HAS NO JURISDICTION AT ALL: AN INTERESTING JUDGMENT
I am grateful to Elliot Gold, barrister, for sending me a copy of the decision of HHJ Bloom in Davidson -v- The London Centre of Psychodrama, a copy of which is available here DavidsonJudgment. The judge, among other…
SERVICE OF THE CLAIM FORM: THE MEANING OF “LAST KNOWN RESIDENCE” AND “REASONABLE STEPS” TO ASCERTAIN A CURRENT RESIDENCE
The question of service of the claim form and “last known residence” has featured already on this blog this year. There is another case on the issue in the judgment of Mr Justice Bryan in Agrofirma Oniks LLC & Anor…
AVOIDING LIMITATION PROBLEMS AND MAKING AN EFFECTIVE SECTION 33 APPLICATION: WEBINAR 20th FEBRUARY 2025
Limitation issues feature regularly on this blog and are a major reason for litigators being sued. This webinar looks at the major problem areas in limitation for personal injury and clinical negligence litigators. It identifies, and helps litigators avoid, all…
WHOSE EXPERT EVIDENCE IS GOING TO BE ACCEPTED AT TRIAL (CLINICAL NEGLIGENCE): WEBINAR 14th FEBRUARY 2025
Expert evidence plays a critical, often decisive, role in clinical negligence litigation. An ability to assess expert evidence is a key part of the litigator’s role. This webinar looks at the rules and cases that govern the credibility of expert…
THIS CASE IS STAYING IN LONDON: (IT TOOK FROM 2ND JULY 2024 TO 14TH JANUARY 2025 FOR SUBMISSIONS TO BE PLACED BEFORE A JUDGE)
Since I wrote about a decision transferring Administrative Court proceedings to Leeds it is appropriate that we look at a decision today ordering that the proceedings stay in London despite it having closer ties to Manchester. In Weis, R (On…
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…
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…
AN INSURER CAN CONTINUE AN APPEAL AFTER THE APPELLANT HAS BEEN DISSOLVED: JOIN ITSELF INTO THE ACTION
The Court of Appeal decision in Birley & Anor v Heritage Independent Living Ltd [2025] EWCA Civ 44 also dealt with an interesting point of procedure. The appellant company had been dissolved shortly before the appeal was heard. The Court of…
FAILING TO SERVE THE CLAIM FORM IS NOT AN “ABUSE OF PROCESS” SO AS TO LEAD TO QOCS BEING DISAPPLIED: COURT OF APPEAL DECISION
We are returning to the decision of the Court of Appeal in Court of Appeal in Birley & Anor v Heritage Independent Living Ltd [2025] EWCA Civ 44. The Court upheld a finding that the failure to serve the claim form, or…
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…
EXTRAORDINARY CONDUCT WHICH LED TO SOLICITOR’S UNLAWFUL DEDUCTION FROM A PROTECT PARTY’S DAMAGES: JUDGMENT FROM THE SCCO
In AKS v National Farmers Union Mutual Insurance Society Ltd [2025] EWHC 126 (SCCO) Costs Judge Leonard recounted an extraordinary set of facts where a solicitor had wrongly deducted sums from their client’s damages. The judgment shows that this issue…
ADVOCACY – THE JUDGE’S VIEW XIV: “RAMBO TACTICS” DO NOT WORK (NEITHER DO THREATENING YOUR OPPONENT WITH A PROCTOLOGY EXAMINATION OR MAKING FACES AT THE JUDGE…)
Continuing with revisiting guidance from judges in relation to advocacy. Here I advocate (hopefully in a civil way) learning from one judgment. That is the judgment of District Judge Chin in the extraordinary case of Revson -v- Cinque & Cinque in…
COST BITES 208: A CLIENT’S CHALLENGE TO THE DEDUCTION OF THEIR OWN SOLICITOR’S COSTS IN PERSONAL INJURY ACTION
There is a strange area of litigation and legal costs where issues of proportionality and common sense appear to totally disappear. – that is former client’s challenges to solicitor’s deductions from damages. We see another example in Perrett v Wolferstans…
COST BITES 207: THE BREAKDOWN OF EXPERT FEES WHEN AN AGENCY IS INVOLVED (AGAIN): THE RECEIVING PARTY, APPLES AND PEARS AND AN ELECTION HAS TO BE MADE
In JXX v Archibald [2025] EWHC 69 (SCCO) Costs Judge Rowley considered the – much debated and litigated – issue of whether there needs to be breakdown of an expert’s fee when the expert is instructed through an agency. The…
THE IMPORTANCE OF ADVOCATES WORKING WITHIN TIME ESTIMATES: COURT OF APPEAL POLICE THEIR PROCEDURE
In Chief Constable of Northamptonshire Police v Woodcock [2025] EWCA Civ 13 the Court of Appeal considered many significant issues relating to the civil liability of the police force. However this blog, being this blog, will defer consideration of those…
COST BITES 206: THE COURT WOULD NOT MAKE A SUBSTANTIAL ORDER FOR COSTS WHEN AN AMENDMENT TO A REPLY ABANDONS AN ALLEGATION OF FRAUD: (ALSO THE DANGERS OF PLEADING FRAUD WITHOUT SUBSTANTIVE EVIDENCE TO SUPPORT THIS)
In Packer v Packer [2025] EWHC 27 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) considered issues of costs after a claimant had amended a Reply to withdraw an allegation of fraud. The judge did not accept the…
CAN A CLAIMANT WHO HAS ISSUED PART 8 PROCEEDINGS FOR APPROVAL OF AN INTERIM PAYMENT BE COMPELLED TO TRANSFER THE ACTION TO PART 7: THE COURT THINKS NOT
I am grateful to Chris Barnes KC for allowing me to rely on his note of a post he put on LinkedIn yesterday. It relates to the question of whether a court can “convert” Part 8 proceedings issued for the…
COURT GRANTS DEFENDANT’S APPLICATION FOR AN ADJOURNMENT DUE TO THE ILLNESS OF LEADING COUNSEL
In Manchester Property Development Holdings & Anor v Kuit Steinart Levy LLP [2025] EWHC 35 (Comm) Dame Clare Moulder DBE granted the defendant’s application for an adjournment of an imminent trial because Leading Counsel became unexpectedly ill. There was insufficient…
THREE WEBINARS ON COSTS TO START OF THE CALENDAR (IF NOT THE FINANCIAL) YEAR
There are three webinars on costs this January of interest to most litigators. The first deals with the summary assessment of costs; the second the role of the litigator in detailed assessments and the third on the topic of deducting…
BITCOINS IN THE TIP: DEFENDANT COUNCIL GRANTED SUMMARY JUDGMENT: CLAIMANT’S ARGUMENT ON LIMITATION DESCRIBED AS “DESPERATE”
In Howells v Newport City Council [2025] EWHC 22 (Ch) HHJ Keyser KC granted summary judgment to the defendant council in an unusual case. The claimant was seeking to recover a computer hard drive which had been put in the…
MAKING AN APPLICATION FOR RELIEF FROM SANCTIONS? 10 KEY POINTS TO HELP
Periodically I revisit posts on this blog to see whether they remain of relevance – this post (from January 2016) does. It sets out ten key points in making an application for relief from sanctions. Every point made nine years…
FAMILY COURT AND CIVIL COUNTY COURT LEEDS: NOT ACCEPTING DIRECT CALLS FROM THE 22nd JANUARY 2025
HMCTS have sent out a letter informing practitioners of changes to the telephone arrangements in Leeds Family Court and Civil County Court in Leeds from the 22nd January 2025. Note that the Business and Property Court is not affected. “New…
“DICING WITH PROCEDURAL DEATH” AND SERVICE OF THE CLAIM FORM: TEN SIMPLE POINTS TO MAKE LIFE EASIER
Last year saw another – large – batch of cases relating to service of the claim form. Mistakes continue to be made and things have not changed much over the years. Below is a revised post first written ten years…
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]…
COST BITES 204: A SUCCESS FEE CANNOT BE RECOVERED AS DAMAGES: SUPREME COURT DECISION: “AN ORDER THAT PROVIDES FOR ONE PARTY TO PAY ANOTHER PARTY’S COSTS IS A COSTS ORDER”
In Hirachand v Hirachand & Anor [2024] UKSC 43 the Supreme Court dismissed the idea that an award to a claimant could be increased to take account of the fact that the claimant was liable to pay a success fee…
CIVIL LITIGATION BRIEF IN 2024: SOME FACTS AND FIGURES
As 2024 draws to a close this is a good time to look back at the year in terms of civil procedure. There have been 463 posts to date this year amounting to 938 thousand words (I haven’t counted them…
WITNESS STATEMENTS: REASONS TO BE WARY OF ELECTRONIC SIGNATURES (1)
In Waterrower (UK) Limited v Liking Ltd (t/a Topiom) [2024] EWHC 3049 (IPEC) Campbell Forsyth (sitting as a High Court Judge) observed that there were a number of issues with a witness statement served on behalf of the defendant. There…
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