EXPERT EVIDENCE FOR HOUSING LAWYERS: WEBINAR 14th MAY 2025
I am giving a webinar for the Steve Cornforth Consultance on the 14th May 2025. It is aimed at housing lawyers and aims to have a comprehensive look at the rules, guidance and cases on the use of experts in…
SPORTING INJURIES IN THE COURTS: WEBINAR 17TH APRIL 2025: SOME INTERESTING TOPICS TO TACKLE…
Injuries to those involved in sports are not unusual. The issues relating to whether injuries are the result of negligence are complex ones. This webinar looks at the law relating to sporting injuries and, importantly, at the practical issues that…
DAMAGES FOR PAIN, SUFFERING AND LOSS OF AMENITY: RECENT CASES AND LESSONS TO LEARN FROM THEM: WEBINAR 8th APRIL 2025
Awards for pain and suffering are made in every personal injury case. However the law and principles relating to these awards are rarely considered by practitioners. This webinar takes a close look at recent awards to enable practitioners to know,…
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…
SERIES OF 10 WEBINARS ON PERSONAL INJURY DAMAGES: AND YOU CAN BUY A “SEASON TICKET”
The APIL Damages Series is 10 webinars looking at key elements of law and practice relating to personal injury damages. The webinars can be bought and watched individually. APIL has a special offer for all 10, details available here. …
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…
PROVING THINGS 256: CLAIMANT FAILS TO ESTABLISH LIABILITY AFTER FALLING FROM A HORSE: THE ANIMALS ACT CONSIDERED
This blog has looked at the judgment in Boyd v Hughes [2025] EWHC 435 (KB) several times in relation to procedural issues and assertions of dishonesty. However the case, ultimately, was about a claimant who was injured when she fell…
AVOIDING PROBLEMS WITH EXPERT WITNESSES: WEBINAR 6th MARCH 2025: DEALS WITH SOME “INTERESTING” ISSUES: EXPERTS BEHAVING BADLY
This webinar deals, among other things, with three cases where solicitors have been struck off the Roll because of their conduct with expert witnesses. In one of those cases the solicitor also went to prison. The Court of Appeal held…
THE PROPOSED CHANGES TO THE LAW OF LIMITATION AND CHILD SEXUAL ABUSE: DOES THIS GIVE RISE TO A PRACTICAL PROBLEM FOR PRACTITIONERS AND VICTIMS?
In a webinar on limitation tomorrow I am considering, among many other issues, the government’s proposals on changes to limitation in child sexual abuse cases. In particular whether there is a practical dilemma for practitioners with actions that are pending. …
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…
AVOIDING PROCEDURAL ERRORS IN CIVIL LITIGATION (AND WHAT TO DO IF THINGS GO AWRY) : WEBINAR 17th FEBRUARY 2025
This webinar looks at common mistakes in personal injury litigation and recent cases where things have gone wrong. It then looks at how mistakes can be rectified and how to make an application for relief from sanctions. Booking details are…
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…
WHOSE EXPERT EVIDENCE IS GOING TO BE ACCEPTED AT TRIAL (?) PERSONAL INJURY: WEBINAR 7th FEBRUARY 2025
This blog regularly features cases where there have been issues, sometimes major problems, with expert evidence. This webinar takes a close look at the factors that the courts take into account when considering which expert’s view should be accepted. It…
COST BITES 213: HOW DOES THE COURT APPROACH ASSESSMENT WHEN COSTS ARE DEDUCTED FROM THE CLIENT’S DAMAGES
We are returning, for the final post (for the time being at least) to the judgment of Cost Judge Rowley in Perrett v Wolferstans LLP [2025] EWHC 68 (SCCO). The judge considered the question of how the costs 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…
THE COSTS JUDGE OVER YOUR SHOULDER: MAXIMISING COSTS RECOVERY ON AN INTER PARTIES RECOVER – THE LITIGATOR’S ROLE: WEBINAR 23rd JANUARY 2025
Detailed assessment usually takes place after attempts at settlement of costs have failed and there are some major differences between the parties. The webinar uses examples from reported cases to show where failures and omissions by the receiving party has…
MISCONDUCT IN ASSESSMENT AND REDUCTIONS IN COSTS – A REVIEW OF THE CASES 1: LAHEY -v- PIRELLI TYRES LIMITED
Recent cases on the issue of costs being reduced, or disallowed, due to the conduct of the assessment proceedings have led me to review the cases on this topic. This is the first in a series of posts about the…
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…
“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…
MAXIMISING INTER PARTES COSTS RECOVERY IN HOUSING LAW CASES: WEBINAR 10th JANUARY 2025
I am speaking about costs for housing lawyers on the 10th January 2025 in a webinar arranged by Steve Cornforth. Booking details can be found by emailing Steve on stevecornforthconsultancy@gmail.com THE WEBINAR This webinar looks at how housing…
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…
WITNESS STATEMENTS: “COMPLIANCE WITH THE PRACTICE DIRECTION IS NOT SIMPLY A MATTER BETWEEN THE PARTIES”: THE WITNESS IS “THE AUTHOR OF HIS OWN MISFORTUNE”
In Milford Investments Ltd v Lanyon Bowdler LLP [2024] EWHC 3227 (Comm) we see yet another example of a witness statement that does not comply with the rules. Although the defendant did not argue that the statement should not be…
EXPERTS AND THE COURTS: DEVELOPMENTS IN 2024: “WHOSE EXPERT EVIDENCE IS GOING TO BE ACCEPTED AT TRIAL?”: SOME INTERESTING WEBINARS IN THE NEAR FUTURE
Issues relating to expert evidence have formed a large part of the material considered in this blog so far this year. The webinar on the 11th December reviews the key cases and their significance for practitioners and experts alike. Webinars…
DELEGATION IN LITIGATION: A CASE TO POINT – AND A WEBINAR ON THE 9th DECEMBER 2024
It is often the function, if not the duty, of someone who writes about civil procedure to look at a decision and then extract the most uninteresting aspect of the case for wider publication. I am doing this in relation…
PROMOTING THE ART AND SCIENCE OF THE HUMBLE COURT BUNDLE: A “LITIGATOR’S SURVIVAL GUIDE”: WEBINAR 4th DECEMBER 2024
The problems that courts have with bundles have always been a prominent part of this blog. A post about bundles, “Sedley’s Laws” and how to prepare a bundle was the most read post on the blog for four years. However…
LIMITATION, DEFAULT AND SANCTIONS – THE KEY CASES OF 2024: WEBINAR 27th NOVEMBER 2024: HELPING YOU TO AVOID PROBLEMS IN 2O25 (AND BEYOND…)
This webinar looks at the key cases relating to limitation, default and sanctions that have occurred in 2024. The aim is to look at problem areas to help litigators avoid problems in the future. Booking details are available here. THE…
BUNDLES PREPARED IN A CHAOTIC MANNER: CHRONOLOGICAL IS BEST: COMMENTS FROM THE HIGH COURT
There are over a hundred posts on this blog about the subject of bundles. Problems occur everywhere, from the Supreme Court to the Employment Tribunal. We see another example in the judgment of Mr Justice Ritchie in Mok v Fitzmaurice…
LOSS OF EARNINGS CLAIMS: THE FUNDAMENTALS: WEBINAR 11th NOVEMBER 2024
We have seen some interesting cases on loss of earnings claims this year, with a claimant being found fundamentally dishonest, because of the way the claim for loss earnings was presented, an “unreliable” schedule leading to a claim for loss…
MENTIONING WITHOUT PREJUDICE MEETINGS IN WITNESS STATEMENTS: PART OF THE WITNESS STATEMENTS WERE STRUCK OUT
In Bond & Anor v Webster & Ors [2024] EWHC 989 (Ch) Master Bowles (sitting in retirement) granted an application to strike out parts of a witness statement that referred to an offer made at a without prejudice meeting. The…
WEBINAR ON NON-PARTY COSTS ORDERS: 5th NOVEMBER 2024
My colleagues Steven Turner and Andrew Hogan are presenting a free webinar on the 5th November on Non-Party Costs Orders. Booking details are available here. The webinar considers the law practice and procedure relating to non-party costs orders in the context…
WHEN THE CLAIMANT HAS TO CHANGE JOBS, EARNS MORE THAN BEFORE – BUT THERE IS A SUBSTANTIAL AWARD FOR LOSS OF EARNINGS: THE VERY REAL VALUE OF “FRINGE BENEFITS”
A webinar on the 5th November looks at loss of earnings from the point of view of loss of benefits and pension claims. It is important that the very real value of “fringe” benefits is not overlooked when looking at…
PROVING THINGS 246: THE SELF EMPLOYED CLAIMANT AND LOSS OF EARNINGS: HIGH COURT DECISION
There are many difficult issues facing a self-employed claimant making a claim for loss of earnings. This issue was considered by Neil Moody KC (sitting as a High Court judge) in Winterbotham v Shahrak [2024] EWHC 2633 (KB). …
The Supreme Court decision in Oakwood -v- Menzies: Deducting costs from damages:The practical implications for solicitors and clients: Webinar 13th November 2024
In Oakwood Solicitors Ltd (Respondent) v Menzies (Appellant) [2024] UKSC 34 the Supreme Court overturned the Court of Appeal decision that the sending out an account and deducting costs from damages meant a bill had been “paid” for the purpose…
THE COURT’S POWERS IN RELATION TO ORDERING MEDIATION: A SUMMARY: AND A WEBINAR ON MEDIATION OF PARTICULAR USE TO HOUSING LAWYERS
The Civil Procedure Rules were amended on the 1st of this month to make it clear that the court can compel the parties to engage in alternative dispute resolution. Here we look at the changes. There is a webinar on…
SENIOR MASTER COOK’S GUIDANCE ON COST MANAGEMENT HEARINGS: A PIECE BY PIECE GUIDE (2):DELEGATION
We are continuing with our detailed examination of the Kings Bench Masters Cost Management Hearings Guidance Note. This time we are looking at issues relating to delegation. Costs budgeting and Cost Judges encourage delegation. The problem for many practitioners is that…
KEEPING WORKERS SAFE: THE EMPLOYER’S DUTY TO PREVENT ASSAULTS AT WORK: THE PRACTICAL ISSUES FOR THOSE BRINGING CLAIMS: WEBINAR 24th OCTOBER 2024
The Health and Safety Executive website reports that there were were 649,000 incidents of violence at work in 2022/23 and that 292,000 adults experienced violence at work in the same period. 41% of the assaults resulted in actual injury. The…
FATAL CLAIMS AND THE VICTIMS OF CRIME: WEBINAR 15th OCTOBER 2024
On the 15th October I am presenting a webinar looking at fatal claims when the deceased person has died because they are a victim of crime. This webinar looks at the Criminal Injuries Compensation Scheme in detail and then considers…
THE DIFFICULT ISSUE OF THE CHILD CLAIMANT AND LOSS OF EARNINGS CLAIMS: WEBINAR 14th OCTOBER 2024
For many years now I have been researching and writing about the particular problems that face practitioners when they are dealing with a claim by a child who could suffer loss of earnings in the future as a result of…
FUNDAMENTAL DISHONESTY FOUND WHEN CLAIMANT HAD FILED SCHEDULE WHICH WAS MISLEADING ABOUT LOSS OF EARNINGS CLAIM: THE CLAIMANT COULDN’T HAVE EARNED AND SHOULDN’T HAVE CLAIMED
I am grateful to the barrister Nadia Whittaker for sending me a copy of the judgment handed down today of HHJ Richard Carter in Brown -v- Liverpool University Hospitals NHS Foundation Trust & Mersey and West Lancashire Hospitals NHS Trust….
AN “UNRELIABLE” SCHEDULE LEADS TO A CLAIM FOR LOSS OF EARNINGS BEING STRUCK OUT (AND FOUR WEBINARS ON LOSS OF EARNINGS)
The way in which a claim for loss of earnings claim is presented is of crucial importance in most claims for damages. There are a series of four seminars below where many of the essential elements are considered. A case…
PREPARING TRIAL AND APPLICATION BUNDLES: A LITIGATOR’S SURVIVAL GUIDE: WEBINAR 4th DECEMBER 2024
The previous post on Serra -v- Harvey [2024] EWHC 2250 (KB) has led to me finalising a (long-prepared) webinar on bundles. In Serra wasted costs were ordered on an indemnity basis against the claimant’s solicitors because the lateness and condition of the trial bundles. The bundles…
DRAFTING EFFECTIVE ATTENDANCE NOTES IN LITIGATION: COST EFFECTIVE DELEGATION FOR LITIGATORS: SOME FUNDAMENTAL POINTS ADDRESSED IN TWO WEBINARS
Last week I had the pleasure of giving a lecture, alongside many of my colleagues in the costs team in chambers. There were about 100 lawyers present, many with considerable experience. I was able to take a straw poll of…
WHEN A PARTY IS BANKRUPT: WEBINAR ON THE 16th SEPTEMBER 2024: AN IMPORTANT TOPIC THAT MAY HELP FLOAT YOUR BOAT
In The Mayor And Burgesses of the London Borough of Richmond v Trotman [2024] EWHC 2145 (KB) Mr Justice Kerr was critical of the claimant’s failure to consider the consequences of the defendant being bankrupt. Insolvency issues in litigation…
MAKING APPLICATIONS TO THE COURT: A PRACTITIONER’S GUIDE: WEBINAR 10th SEPTEMBER 2024
It is surprising how many applications are made which do not comply with the most basic requirements of procedure and evidence. This webinar on the 10th September 2024 aims to help practitioners avoid errors and aims to ensure that participants…
NO “VYING AND REVYING”: WITNESS STATEMENTS, EVIDENCE AND LOTS OF OTHER MATERIAL BESIDES: AFTER 287 YEARS OF JUDICIAL PROMPTING HAVE PRACTITIONERS GOT THE MESSAGE?
Anyone involved in civil litigation will spend a great deal of their time reading witness “evidence” which, in reality, is no such thing. Witness statements tend to be seen as an opportunity to put forward opinions, submissions and innuendo. As…
THE AUTOMATIC STAY UNDER CPR 15.11 AND RELIEF FROM SANCTIONS: A CASE IN POINT
In Michael Wilson & Partners, Ltd v Short [2024] EWHC 2113 (Ch) Master Clark granted the claimant relief from sanctions in a case that had become automatically stayed under CPR 15.11. This case serves as a reminder, if nothing else,…
THREE WEBINARS: MAKING APPLICATIONS TO THE COURT; INSOLVENCY AND SOCIAL MEDIA AND THE PERSONAL INJURY LAWYER
In September and October there are a number of webinars relating to procedure and evidence. Firstly on the essential issue (but often overlooked) elements and rules relating to making applications to the court; secondly on insolvency and personal injury and…
DAMAGES IN ANTICIPATION OF DEATH AND DAMAGES FOR LOSSES PRIOR TO DEATH: WEBINAR 12th AUGUST 2024
This webinar looks at the difficult areas of (i) losses in anticipation of death, when a claimant has a reduced life expectancy; (ii) losses prior to death, including financial losses and pain and suffering. It provides practical guidance on order…
CHILDREN AND FATAL ACCIDENT LITIGATION 2024: KEY ISSUES CONSIDERED: WEBINAR 6th AUGUST
There are particulars challenges and difficulties facing a practitioner in cases where children are the only or primary dependants in a fatal claim. This webinar addressed the key issues, in relation to the law, practice and procedure and helping with…
A DEFENDANT IS ENTITLED TO SEEK TO AVOID SERVICE OF PROCEEDINGS: IT WON’T WIN YOU ANY HONOURS BUT IT IS NOT WRONG…
In Broom v Aguilar [2024] EWHC 1961 (Ch) HHJ Paul Matthews rejected an argument that a different costs order should be made because the defendant did not co-operate in relation to service of proceedings upon her. Seeking to avoid service…