THE JUDGE MUST GIVE REASONS FOR ADVERSE FINDINGS (PLUS A QUICK LOOK AT ALLEGED BIAS)
The previous post looked at a Court of Appeal decision where a judgment at first instance was set aside because of a failure to give reasons for disbelieving solicitors. Similar principles applied in the case of The Gulf Agencies Limited…
ALLEGATIONS OF DISHONESTY AGAINST SOLICITORS: CLEAR FINDINGS OF FACT MUST BE MADE
There have been two cases in the past few days where the Court of Appeal have overturned judgments because of a failure to give reasons for findings against solicitors. In Clydesdale Bank PLC -v- Workman [2016] EWCA Civ 73 findings…
THE MEANING OF THE WORD "CLAIM": A PSYCHOLOGICAL PHENOMENON
In Global Flood Defence Systems -v- Johan Den Noort Beheer BV [2016] EWHC 189 (IPEC) His Honour Judge Hacon was considering an issue very specific to the Intellecutal Property Enterprise Court. However the observations are interesting and may be of…
NOT A RACING CERTAINTY BUT INDEMNITY COSTS FOLLOW CLAIMANT'S PART 36 OFFER
In Jockey Club Racehorse Ltd -v- Willmott Dixon Construction Limited [2016] EWHC 167 (TCC) Mr Justice Edwards-Stuart held that a claimant’s Part 36 offer to settle for 95% was a relevant offer and had costs consequences for the defendant. KEY…