Insights
Commentary and articles
Notes on developments in civil litigation, dispute resolution and civil justice.
- Civil Litigation
- Personal Injury
- ADR & Mediation
- Property
- Civil Justice
- Family
Family
Cohabitation reform: greater protection, but at what cost?
The Government is consulting on significant changes to the financial rights of unmarried couples in England and Wales. The proposals address genuine injustices, but extending financial remedies to cohabitants raises difficult questions about choice, certainty and pressure on the Family Courts.
11 August 2026 · Peter Causton
Personal Injury
Successful claim for injured employee
Vindication Beyond Damages: Acting for an Injured Employee in a Tram Door Case There are cases where the monetary value is modest, but the principle is not. This was one such case. I was instructed…
24 March 2026 · Peter Causton
Civil Justice
Trial by Jury - a precious thing.
Trial by Jury Jury Trials: Cornerstone of Justice—and Facing Challenge Leveson’s Commission: Reducing Jury Trials to Address Crisis Retired judge Sir Brian Leveson has proposed sweeping reforms to…
15 August 2025 · Peter Causton
Civil Justice
How to give evidence..and how not to
Courtroom Conduct: Why Aggression Can Backfire for Witnesses In litigation, witness evidence is not judged solely on what is said but also on how it is said. The recent High Court case of Ellis &…
10 August 2025 · Peter Causton
Civil Justice
Running from the Law
Why Lawyers Need Signs Telling Them to Run At the station recently, I saw a big yellow warning: PLEASE DO NOT RUN. It struck me that, as lawyers, we probably need the opposite advice. In the legal…
10 August 2025 · Peter Causton
ADR & Mediation
Kindness of Lawyers
Kind People Are Our Kind of People: Why Kindness Matters in Law and Mediation At Euston Station, I saw a simple message: “Kind people are our kind of people.” It made me think about the role of…
10 August 2025 · Peter Causton
Personal Injury
Claimants win whiplash battle
Today, the Supreme Court handed down its long awaited judgment in the case of Hassam v Rabot [2024] UKSC 11 The Supreme Court upheld the decision of the Court of Appeal as to the correct approach…
26 March 2024 · Peter Causton
ADR & Mediation
Fixed Costs - Why not mediate?
Fixed recoverable costs mean that there is a limit in most cases to the legal costs that can be recovered from the other party. This creates the perfect opportunity to mediate and try to resolve…
23 January 2024 · Peter Causton
Personal Injury
Paul and Another v Royal Wolverhampton NHS Trust – A miscarriage of justice?
Should people who suffer psychological injury as the result of the death of a loved one after medical care or treatment goes wrong be able to claim compensation? In my view the answer is clearly yes,…
18 January 2024 · Peter Causton
ADR & Mediation
Court of appeal rules dispute resolution procedure unenforceable
In Kajima Construction Europe (UK) Ltd v Children's Ark Partnership Ltd [2023] EWCA Civ 292, the Court of Appeal considered whether a contractual dispute resolution procedure was enforceable as a condition precedent to litigation.
18 March 2023 · Peter Causton
Personal Injury
Court of appeal backs claimant who discontinued claim
A recent case has clarified the law on Qualified One Way costs shifting and found that a Claimant who discontinued at the last minute was still entitled to QOCs protection, as dishonesty was not…
20 January 2023 · Peter Causton
Personal Injury
Hybrid whiplash claims - Claimants successful
Article Yoann Samuel Rabot v. Charlotte Victoria Hassam Matthew David Briggs v. Boluwatife Laditan and The Association of Personal Injury Lawyers and The Motor Accident Solicitors Society…
20 January 2023 · Peter Causton
Civil Litigation
Peter Causton elected as member of the Northern Circuit
On 9 December 2022 I was elected as a member of the Northern Circuit. I have found it an interesting experience and appreciate the opportunity to get to know fellow professionals on the Northern…
10 December 2022 · Peter Causton
ADR & Mediation
Boost for pre court settlement
In Bott & Co Solicitors Ltd v Ryanair DAC [2022] UKSC 8 (16 March 2022) is an important decision in relation to flight delay claims and alternative dispute resolution. The decision allows…
19 March 2022 · Peter Causton
Personal Injury
Successful outcome in occupier’s liability act case
I successfully represented a lady at trial in relation to a claim for personal injury as a result of a fall she suffered in a restaurant. She slipped on water in the toilet. The judge ruled in her…
3 February 2022 · Peter Causton
ADR & Mediation
Low value clinical negligence claims - fixed costs are on their way and Early Neutral evaluation
The Department of Health and Social Care has published a consultation which closes on 24th of April 2022 in relation to fix recoverable costs in lower value clinical negligence claims.They are…
2 February 2022 · Peter Causton
ADR & Mediation
Neighbours at War? Mediate
If you have a neighbour dispute and are interested in mediation please do get in touch https://www.promediate.co.uk/neighbour-disputes-time-to-mediate/
4 August 2021 · Peter Causton
ADR & Mediation
Compulsory adr for consumer disputes?
The Government has indicated that it intends to examine radical new ways to mainstream ADR for all types of disputes including consumer disputes, so it is no longer viewed as an “alternative” to…
1 August 2021 · Peter Causton
Civil Justice
Guideline Hourly Rates to change
I can report that the Guideline Hourly Rates final report has been published. I was the Defendant Solicitor representative on the costs committee. The Master of The Rolls will now consider and…
30 July 2021 · Peter Causton
Personal Injury
Clinical Negligence Claims set to soar
During the “lockdowns” in the UK many non urgent and cancer operations and treatments were put on hold. It is reported that the All Party Parliamentary Group for Radiotherapy, says that urgent…
19 February 2021 · Peter Causton
ADR & Mediation
Mediate - how to hire a mediator
So you have a dispute you want to resolve? Maybe the onset of New Year 2021 and the impact of coronavirus on your business means you want to get rid of a dispute using mediation and move forward.…
26 December 2020 · Peter Causton
Personal Injury
Should contact rugby be banned?
I have an interest in this story because my children play rugby at school and for Chester Rugby club. I am very worried about them being injured. A legal action against rugby union’s authorities has…
21 December 2020 · Peter Causton
Civil Justice
Are the Courts’ days numbered?
One thing that the coronavirus has brought into focus is the drawbacks of the Court system which has struggled to cope with a growing backlog of cases and cancelled hearings. Despite working hard to…
15 October 2020 · Peter Causton
Civil Justice
Experts statements of truth
I swear to tell the truth the whole truth and nothing but the truth so help me God is not what the statement of truth says! The 122nd update to the Practice Direction for the Civil Procedure Rules…
4 October 2020 · Peter Causton
ADR & Mediation
Will disputes
Many people hold a misconception that if you leave a Will (or not), everything owned by them will pass to their loved ones, and that they will be well provided for. Unfortunately, that is not always…
2 October 2020 · Peter Causton
Civil Justice
Lawyers can go to Court when self isolating
The Law Society Gazette reports that: “Lawyers who test positive for Covid-19 can have exemptions from latest regulations imposing a new legal duty to self-isolate, the Ministry of Justice confirmed…
30 September 2020 · Peter Causton
Civil Litigation
Insolvency Courts go Online
A temporary practice direction removes the need for parties in insolvency proceedings to come in to court. The Insolvency Practice Direction (IPD) applies to all insolvency proceedings in the…
20 May 2020 · Peter Causton
Personal Injury
Clinical Negligence Claims set to Soar
It is reported today that clinical negligence claims could rocket following the coronavirus pandemic. The Medical Defenice Union has warmed that the NHS could be faced with billions of pounds of…
20 May 2020 · Peter Causton
Civil Litigation
Business interruption claims against insurers
Many businesses are grappling with claims against insurers arising out of Coronavirus closures. Insurers are refusing to pay out for business losses, claiming that the policies were never designed to…
20 May 2020 · Peter Causton
Civil Justice
The remote genie is out of the bottle but are remote hearings fair?
There has been a lot of debate about whether the Courts take up of remote hearings is fair on litigants or lawyers. Whereas they can have advantages such as saving time, the environment and travel,…
20 May 2020 · Peter Causton
ADR & Mediation
Mediate OR ELSE!
In the latest decision on the issue of refusing to mediate the Court has once again reiterated that a party who refuses to mediate can be penalised in legal costs. This was an employment contract…
20 May 2020 · Peter Causton
ADR & Mediation
It makes sense to mediate during lockdown
We may all be in lockdown but it doesn’t mean our cases stand still! We need to move them forward. One way to do this is to mediate. How, you ask, when we can’t meet? Answer: mediate online or by…
20 May 2020 · Peter Causton
Civil Justice
Statements of Truth - Rules have changed
Every litigator should know that there are new requirements which you need to include if you are preparing a witness statement or any other document needing a statement of truth. Specific wording is…
20 May 2020 · Peter Causton
Property
Landlord and Tenant disputes to increase as Coronavirus bites
We anticipate that landlord and tenant disputes will increase as a result of Covid – 19. A recent report suggests that tenants paid less than half the rent they owed on the most recent payment day,…
20 May 2020 · Peter Causton
Civil Justice
Top Tips for solicitors involved in remote hearings - how to prepare and conduct a remote hearing
Many Courts are organising remote hearings. In this short webinar Peter Causton will explain the rules about remote hearings and share top tips for solicitors preparing for online and telephone…
27 April 2020 · Peter Causton