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12 December 2025 / Amy Dunkley
Issue: 8143 / Categories: Features , Profession , Costs , Dispute resolution
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Lost in obscurity?

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The High Court has ruled on vague points of dispute. Amy Dunkley reports
  • In Ward v Rai, the High Court has overturned a decision to let a non-compliant point of dispute stand, meaning the receiving party could not rely on a more detailed schedule that had been served only two working days before the detailed assessment hearing.
  • Practitioners should ensure that points of dispute contain sufficient particularisation for the receiving party to work out what is in dispute and why.

The judgment in Ward v Rai [2025] EWHC 1681 (KB) is the latest in a receiving party’s arsenal against points of dispute that are too vague. It follows the decisions in Wazen v Khan [2024] EWHC 1083 (SCCO) and St Francis Group 1 Ltd & Ors v Kelly & Anor [2025] EWHC 125 (SCCO), which confirmed that the judgment in Ainsworth v Stewarts Law LLP [2020] EWCA Civ 178 applied to detailed assessments between the parties.

The legal framework

Points of dispute must comply with CPR

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Bellevue Law—Lianne Craig

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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