THE CURRENT IMPORTANCE OF PLEADINGS 24: COURT OF APPEAL CONSIDERS WHEN A TRIAL JUDGE CAN GO OUTSIDE THE PLEADED CASE: THERE IS A SPECTRUM
In this judgment today the Court of Appeal consider, in detail, whether it is appropriate for a judge to go outside the pleaded case. The judgment provides guidance for the practice to be adopted if the judge feels that they…
A QUICK POINT ABOUT AMENDING PLEADINGS: MAKE A FORMAL APPLICATION TO AMEND AND HAVE THE PROPOSED AMENDED PLEADINGS TO HAND: THE COURT OF APPEAL DECISION CONSIDERED
The post earlier today on the striking out of pleadings contained observations about the need for a party, seeking relief from sanctions on the grounds that it should be able to amend its pleadings, having those amended pleadings to hand…
THE CURRENT IMPORTANCE OF PLEADINGS 22: WHOLE BATCHES OF CASES STRUCK OUT BECAUSE THE PARTICULARS WERE DEFICIENT: RELIEF FROM SANCTIONS REFUSED
Here we are looking at a case where numerous actions brought by the claimant were struck out because the Particulars of Claim were wholly deficient. They remained wholly deficient even after the court had made a peremptory order compelling the…
THE CURRENT IMPORTANCE OF PLEADINGS 21: SHOULD A PARTY BE GIVEN PERMISION TO AMEND AT A LATE STAGE? THE ISSUES CONSIDERED AND APPLIED
There are so many judgments concerning late applications to amend pleadings that, often, I decide not to write about them. There are applications to amend that are late, very late, very, very late or “door of the court” late. The…
PROFESSIONAL NEGLIGENCE NEWS (1): I’VE SUED THE WRONG DEFENDANT: CAN THE COURT DO ANYTHING TO HELP? FIRST OF (WHAT MAY WELL BE) A LONG RUNNING SERIES
There is much to be said for starting a new (and what may well be a long running) series looking at professional negligence cases, in particular the procedural and practical issues that arise. Firstly, if (as here) it is a…
THE CURRENT IMPORTANCE OF PLEADINGS 20: CLAIMANT’S COSTS REDUCED BY 50% BECAUSE OF THE NATURE OF THE PLEADED CASE (OR… HOW TO LOSE £3.3 MILLION IN COSTS…)
Today we are looking at a case where a successful claimant’s cost were halved because of its “vague and expansive” pleadings, coupled with a failure to “specify with clarity and precision” what its case was. (Half a sixpence…
DOES THE HEADING MATTER? IS A PART 18 REQUEST VALID IF IT DOES NOT COMPLY WITH THE RULES?
What should the court’s approach be if a party serves a Part 18 request but, for various reasons, it does not comply with the rules? The respondent to the request in this case took the point. The Master had to…
THE CURRENT IMPORTANCE OF PLEADINGS 17: WHAT DOES THE WORD “PORNOGRAPHY” MEAN WHEN INCLUDED IN A PLEADING? COURT OF APPEAL CONSIDERS THE ISSUE TODAY
This series has taken an unexpected turn. I didn’t expert to be writing about a Court of Appeal decision that considered the precise pleaded meaning of the word “pornography”, but that is precisely what we are doing here. A decision…
THE CURRENT IMPORTANCE OF PLEADINGS 16: THE CASE AGAINST ALL REMAINING DEFENDANTS WAS STRUCK OUT: THE CLAIMANT CANNOT SIMPLY PLEAD “SOMEONE HERE” MUST BE TO BLAME
We are looking at a case where the court struck out the claimant’s case against three defendants because of the inadequate way in which the case was pleaded. General assertions that someone here must be to blame were not sufficient. The…
THE CURRENT IMPORTANCE OF PLEADINGS 15: THE CLAIMANT HAD NOT PLEADED AN ISSUE SHE WANTED TO RELY ON AT TRIAL: THE ISSUE WAS “NOT PURSUED”
This series is giving rise to more cases than I initially thought. Here we look at an example of a claimant wishing to pursue a specific line of argument but having to accept that it was not pleaded and that…
THE CLAIMANT DID NOT NEED TO ANSWER THE PART 18 REQUESTS MADE: THESE REQUESTS ARE AKIN TO THE “PRE CPR-PROCEDURE”
There have been a number of cases recently relating to Part 18 questions and questions to experts. Here we are looking at a case where the defendant raised numerous requests to the claimant and sought a peremptory order when it…
PERSONAL INJURY POINTS 7: THE COUNCIL WAS LIABLE FOR THE STATE OF AN UNADOPTED HIGHWAY: A FINDING FOR THE CLAIMANT WAS NOT A BRIDGE TOO FAR
The issues of an occupier’s duty in relation to those walking along unadopted highways are always complex. Here we look at a case where the claimant was successful in establishing a breach of duty following an injury she sustained when…
THE CURRENT IMPORTANCE OF PLEADINGS 14: THE DEFENDANT COULD GIVE EVIDENCE OF MATTERS THAT WERE NOT PLEADED
Today we are looking at a case where the judge rejected an argument that evidence could not be given because the particular issue had not been pleaded. The judge held that, on the facts of this case, the evidence was…
THE CURRENT IMPORTANCE OF PLEADINGS 13: INAPPROPRIATE PLEADING OF FRAUD LEADS TO COSTS ON AN INDEMNITY BASIS
I am not sure whether there are more cases about pleadings recently, or whether I am noticing them more having started this series. However issues relating to statements of case keep arising. Here we look at a case where the…
THE CURRENT IMPORTANCE OF PLEADINGS 12: A DEFENDANT IS NOT EXPECTED TO DIVINE THE NATURE OF THE CLAIMANT’S CASE
Today we are looking at a pleadings issue that arose in the course a lengthy contractual dispute. The claimant made certain, specific allegations, and pleaded that these matters breached a large number of contractual obligations. However, at trial, the claimant…
THE CURRENT IMPORTANCE OF PLEADINGS 11: THE COURT WON’T STRIKE OUT PARTS OF THE DEFENCE BECAUSE… ITS ACTUALLY THE PARTICULARS OF CLAIM THAT DON’T MAKE MUCH SENSE
NB – SEE THE APPEAL JUDGMENT ON ONE ISSUE IN THIS CASE IN Prudence v Gloucestershire Hospitals NHS Foundation Trust [2026] EWHC 96 (KB) Here we are looking at a judgment that is all about statements of case (or at…
CLAIM WAS (ARGUABLY) ISSUED IN TIME WHEN IT ARRIVED AT THE COURT: LATE SERVICE OF THE PARTICULARS OF CLAIM DOES NOT DEPRIVE THE COURT OF JURISDICTION
Today we are looking at a case that raises important issues. The judge decided that calling someone gay is not defamatory. However here we are not concerned with the substantive issues but two procedural issues raised in the case. Firstly…
THE CURRENT IMPORTANCE OF PLEADINGS 10: THE DUTIES ON A PARTY PLEADING ALLEGATIONS OF FRAUD OR DECEIT
Allegations of fraud have to be pleaded with care. Those pleading such assertions must have “reasonably credible material” to support them. Here we look at a case where allegations of deceit were made. The judge found that the allegations had…
PERSONAL INJURY POINTS 2: CONTRIBUTORY NEGLIGENCE, CAUSATION, EVIDENCE AND FAILURE TO WEAR A CYCLE HELMET (SOMETHING ABOUT PLEADINGS TOO)
In the previous post in this series I mentioned that there was a backlog. I didn’t anticipate that I would be looking at a case that was decided in 2009. However the judgment has recently arrived on BAILLI and it…
THE CURRENT IMPORTANCE OF PLEADINGS 9: THE PRIMARY FACTS UNDERLYING ALLEGATIONS OF DISHONESTY MUST BE PLEADED
Parties alleging dishonesty and fraud have to be very careful in the way they plead their case. These matters cannot be pleaded lightly, and there are professional obligations on the pleader to ensure that there is reasonably credible material that…
DOES AN ELECTRONICALLY ISSUED AND SUBSEQUENTLY AMENDED CLAIM FORM REQUIRED RE-SEALING AND FILING PRIOR TO SERVICE? AN IMPORTANT ISSUE CONSIDERED
If a claimant serves a “amended” claim form that has not been resealed does that amount to good service? That issue was considered in the case we are considering today. The result is of considerable practical significance. However it pays…
THE CURRENT IMPORTANCE OF PLEADINGS 8: “ASSERTED LOSS” DID NOT COMPLY WITH THE RULES AND THE CLAIM WAS STRUCK OUT
We are looking at a case where the entire case was struck out on various grounds. The claimant did not attend the hearing to dispute the issues. However I have isolated one ground of the judgment which relates to a…
JUDGE STRIKES OUT CLAIM FOR LOSS OF EARNINGS: IT IS “INCOHERENT” AND OBSTRUCTS THE JUST DISPOSAL OF THE CLAIM
It is an easy matter for a claimant to insert a claim for a substantial loss of earnings into a schedule of damages. However a claimant then has to prove that loss. Further, even prior to trial, a defendant is…
DEFENDANT GRANTED AN EXTENSION OF TIME TO FILE A DEFENCE : “I AM IN NO DOUBT THAT I SHOULD GRANT THE RETROSPECTIVE APPLICATION OF OF ONE DAY…”
In Ahmad v Comptroller-General of Patents, Designs and Trade Marks [2025] EWHC 936 (Pat) Mr Justice Mellor granted the defendant an extension of one day to file a defence, this had the effect of making the defendant’s applications to strike…
THE CURRENT IMPORTANCE OF PLEADINGS 7: “THE CLAIMANT AND WILL NOT BE PERMITTED TO PLEAD SUCH A CLAIM IN BROAD AND VAGUE TERMS”: A CLAIMANT HAS TO PLEAD HOW THE ALLEGED BREACHES HAVE CAUSED THE ALLEGED LOSS
Here we are looking at an application that was all about the claimant’s inadequate pleadings. After putting the defects right (at at third attempt) the case was allowed to proceed – but it was a lengthy and expensive process for…
LITIGATION “WHACK-A-MOLE” – THE MOVING TARGET AND POOR PLEADINGS – IN A CASE ABOUT ALLEGEDLY POOR PLEADINGS
We are looking again at the judgment of Mr Justice Saini in Israel Russell v Barry Coulter [2025] EWHC 493 (KB). This was a case alleging that the defendant barrister had pleaded a case badly. The claim was rejected. However it is…
THE CURRENT IMPORTANCE OF PLEADINGS 5 : THE CLAIMANT CAN’T NOW ARGUE SOMETHING CONTRARY TO HIS OWN PLEADED CASE
We are looking at another case in which the pleadings played a significant part. In Daniel Maurice Wagner v Bright Station Ventures Management Limited [2025] EWHC 669 (KB) Mr Justice Sweeting rejected an argument from the claimant that was contrary…
THE CURRENT IMPORTANCE OF PLEADINGS 4: A FAILURE BY A CLAIMANT TO ADEQUATELY PARTICULARISE ITS CASE
When you start looking for cases about pleadings it is surprising how issues in relation to statements of case keep popping up. We see it in the judgment of Jeremy Hyam KC in Kau Media Group Limited v Thomas Hart [2025] EWHC…
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…
THE COURT SETS ASIDE AN ORDER EXTENDING TIME FOR SERVICE OF THE CLAIM FORM: ACTION AGAINST THAT DEFENDANT DISMISSED
One of the issues considered by Mrs Justice Bacon in Vauxhall Motors Ltd & Ors v Denso Automotive UK Ltd & Ors [2025] EWHC 213 (Ch) was whether an order extending time for service of the claim form should be…
AVOIDING THE PITFALLS IN SERVICE OF THE CLAIM FORM: WEBINAR 4th FEBRUARY 2025: CAN YOU AFFORD TO MISS IT?
Every year this blog covers numerous cases where claimants (and occasionally defendants) come to grief in relation to service of the claim form. The frustrating issue in relation to service issues is that most (if not all) of the problems…
“STATEMENTS OF CASE PLAY AN ESSENTIAL ROLE IN CIVIL LITIGATION”: THE DEFENDANT WAS NOT ALLOWED TO RUN A CASE ON CAUSATION THAT IT HAD NOT PLEADED: CLINICAL NEGLIGENCE CASE CONSIDERED
In MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB) HHJ Emma Kelly (sitting as a High Court Judge) found that the defendant in a clinical negligence trial was trying to run a case on causation that…
CLAIM WAS ISSUED PROPERLY IN THE HIGH COURT, EVEN THOUGH IT WAS SENT TO THE WRONG OFFICE
In Lawrence, R (On the Application Of) v London Borough of Croydon [2024] EWHC 3061 (Admin) Mr Justice Linden dismissed the defendant’s application to strike out a claim on the basis that it had not been brought in time. The…
ITS NOT TOO LATE IN THE YEAR FOR “CLAIM FORM” CASES: JUDGE ALLOWS APPEAL AND GRANTS CLAIMANT EXTENSION OF TIME TO SERVE THE PARTICULARS OF CLAIM: CPR 3.9 & DENTON DID NOT APPLY
I am grateful to solicitor Chris Topping of Broudie Jackson Canter for sending me a copy of the judgment of HHJ Bird in Brown -v- the Chief Constable of Greater Manchester Police (5th December 2024). The judge allowed an appeal against the…
NOT A LATE CLAIM FORM CASE TODAY, BUT LATE PARTICULARS OF CLAIM LEAD TO THE ACTION BEING STRUCK OUT
As a change to the almost never ending issues relating to late service of the claim form we have a case about late service of the Particulars of Claim. In Joseph v McFaddens LLP [2024] EWHC 2447 (Ch) Deputy Master…
DRAFTING PLEADINGS: THERE ARE RULES YOU KNOW – THE KINGS BENCH GUIDE CONSIDERED: “PLAIN AND OBVIOUS” DEFICIENCIES WILL LEAD TO PROBLEMS
In Sammut & Ors v Next Steps Mental Healthcare Ltd & Anor [2024] EWHC 2265 (KB) HHJ Bird (sitting as Judge of the High Court) made some important observations on the way in which the Particulars of Claim were drafted….
A SHORT PLEADING POINT: PLEADING FRAUD – A BLAST FROM THE PAST
I can’t think of any other case where this blog has featured a case that was decided prior to the introduction of the Civil Procedure Rules. However the judgment in Rigby v Decorating Den Systems Ltd [1999] EWCA Civ 986…
STATEMENTS OF CASE AND AMENDMENTS: A ROLLERCOASTER OF A CASE: ISSUE OF AMENDMENT REMITTED TO COUNTY COURT
It is too easy, in fact far too easy, to describe the case of Idziak v Merlin Entertainments PLC [2024] EWHC 1351 (KB) as a “rollercoaster”. It involves the claimant being injured on a fairground ride. The claimant succeeded at…
WEBINAR ON STATEMENTS OF CASE, DRAFTING, DANGERS AND PITFALLS: 14th JUNE 2024
This blog has looked at many cases where the courts have been critical of the way in which statements of case have been drafted. On the 14th June there is a webinar on the importance of accurate drafting, coupled with…
PROCEDURE, DAMAGES, LIABILITY, COSTS AND LIMITATION: A SERIES OF WEBINARS THIS YEAR AIMING TO HELP AVOID OR DEAL WITH PROBLEMS IN LITIGATION
The issues arising from many of the cases looked at on this blog are being considered in a series of webinars starting later this month. The webinars cover many of the problem areas of litigation: what to do when things…
TOO MANY PARTIES CAN INCUR THE COURT’S WRATH: THE DIFFICULTIES IN PLEADING A CASE WHERE THERE ARE MULTIPLE CLAIMANTS
In Niprose Investments Ltd & Ors v Vincents Solicitors Ltd (Professional negligence) [2024] EWHC 801 (Ch) HHJ Hodge KC (sitting as a High Court Judge) considered some of the issues where 35 claimants attempted to plead their claim on one…
LATE SERVICE OF THE PARTICULARS OF CLAIM AND RELIEF FROM SANCTIONS: CLAIMANT ALLOWED TO PURSUE CLAIM AGAINST ONE DEFENDANT BUT NOT THE OTHER: WHAT A DIFFERENCE AN ADMISSION MAKES
In Bangs v FM Conway Ltd & Anor [2024] EWHC 494 (Comm) Mr Justice Jacobs considered the claimant’s application for relief from sanctions when the particulars of claim had been served late. He allowed the claimant’s application against one defendant…
CLAIMANT’S APPEAL ALLOWED BECAUSE THE JUDGE FOUND FOR THE DEFENDANT ON A BASIS THAT WAS NOT PLEADED
I am grateful to barrister Tom Morris for giving me details of the judgment of Mr Justice Fancourt in Jacobs v Chalcot Crescent (Management) Company Ltd [2024] EWHC 259 (Ch). It is an important case about statements of case. The…
A CLAIMANT, ALLEGING FRAUD, IS NOT ENTITLED TO DELIBERATELY BREACH A COURT ORDER AND THE RULES OF COURT: HIGH COURT JUDGMENT GIVES LITIGATORS MUCH TO THINK ABOUT
Those who draft pleadings, particularly those alleging fraud and misconduct, have much to learn from the judgment of Mr Justice Johnson in AXA Insurance UK PLC v Kryeziu & Ors [2023] EWHC 3233 (KB). The fact that a party is…
“PLEADINGS ARE INTENDED TO IDENTIFY THE ISSUES, NOT OBSCURE THEM”: COMMENTS ON STATEMENTS OF CASE: THEY SHOULD PROVIDE LIGHT NOT DARKNESS
There have been a number of cases recently where judges have commented on the state of the pleadings. We see observations being made by Mr Justice Ritchie in the decision today in DMH Electrical (UK) Ltd v MK City Group…
THE JUDGE WAS RIGHT TO REFUSE TO ALLOW A “NEW POINT” TO BE TAKEN ON APPEAL: DON’T FORGET PLEADINGS ARE STILL IMPORTANT…
In Azhar v All Money Matters t/a TFC Home Loans [2023] EWCA Civ 1341 the Court of Appeal rejected a defendant’s argument that it should have been permitted to raise a “new” point on appeal. The matter upon which the…
PROVING THINGS 235: COURT OF APPEAL OVERTURNS JUDGMENT IN FAVOUR OF DEFENDANT: THE JUDGE’S FINDINGS WERE NOT OPEN TO HIM: THE FACTUAL FINDINGS WERE WRONG
The Court of Appeal judgment today in Clements-Siddall v Dunbobbin Hotels Ltd [2023] EWCA Civ 1300 is a rare example of the Court of Appeal overturning a judge’s findings on the facts. It is also an example of the importance…
THE PARTICULARS OF CLAIM WERE TOO LONG, TOO CONFUSING AND DID NOT COMPLY WITH THE RULES.
In Halsion Limited v St Thomas Street Development Limited [2023] EWHC 2045 (TCC) HHJ Cawson KC, sitting as a High Court Judge, struck out the claimant’s Particulars of Claim. The Particulars were too long and rambling and failed to comply…
AN INTERESTING ISSUE: CLAIMANT WHO FAILS TO PLEAD CONTRACTUAL INTEREST – DOESN’T GET INTEREST AT ALL
The judgment of Mr Justice Foxton in Rolls-Royce Holdings Plc v Goodrich Corporation [2023] EWHC 2002 (Comm) illustrates an important issue in relation to interest. If a successful party has a contractual right to interest, but has not pleaded that…
LATE SERVICE OF THE PARTICULARS OF CLAIM: THE “TRAP FOR THE UNWARY” AND RELIEF FROM SANCTIONS
In Altiatech Ltd v Birmingham City Council [2023] EWHC 1371 (TCC) Mr Justice Waksman considered the position when a claimant served the Particulars of Claim late. The judgement refers to a specific rules in relation to procurement. However the point…
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