PART 36 OFFERS AND NON-MONETARY CLAIMS: A HIGH COURT CASE CONSIDERED
We have looked before at the advantages to a claimant in making an early Part offer. If the claimant matches or beats that offer at trial then there are advantages in costs and interests. There can also be a 10%…
MORE ABOUT TRIAL BUNDLES: MOST OF THE STUFF IN THEM IS USELESS (APPARENTLY)
The decision discussed earlier today of Dowdall -v- William Kenyon & Sons Ltd [2014] EWHC 2822 (QB) contained an interesting observation that I wanted to deal with separately. It concerns the “usefulness” of trial bundles. OBSERVATIONS ON THE BUNDLES The Claimant has…
SECOND ACTION AFTER SETTLEMENT NOT AN ABUSE OF PROCESS: SECTION 33 APPLICATION ALLOWED: DOWDALL CONSIDERED IN DETAIL
The case of Dowdall -v- William Kenyon & Sons Ltd [2014] EWHC 2822 (QB) decided yesterday contains some important observations in relation to allegations of abuse of process; estoppel and section 33. THE FACTS Mr Dowdall has pleural mesotheliomia. In 2003…
FAILURE TO SERVE NOTICE OF AMENDED CFA DETAILS IS NOT A SERIOUS OR SIGNIFICANT BREACH: HIGH COURT DECISION CONSIDERED IN DETAIL
The High Court decision in Ultimate Products Ltd -v- Wooley [2014] EWHC 2706 (Ch) provides further guidance as to what the courts are likely to consider “serious or significant” breaches. The High Court judge upheld the decision of the Master…
