ORDERING A SPLIT TRIAL ON PRELIMINARY ISSUES: A CAUTIONARY TALE
In Larkfleet -v- Allison Homes Eastern Limited [2016] EWHC 195 (TCC) Mr Justice Fraser made some important observations about the need for total clarity when a court orders the trial of a preliminary issue of law. ‘Preliminary points of law…
PROVING THINGS 4: WITNESSES WHO JUST AREN'T THERE
We have looked at three recent cases where there was simply not the evidence at court to prove the case. In Caliendo -v- Mischon De Reya [2016] EWHC 150 (Ch) there is a whole section of the judgment devoted to…
MOVING FROM LEGAL AID TO CFAS: RECENT DEVELOPMENTS
NB see the appeals in relation to these issues discussed here . There have been recent developments in relation to the issue of the reasonableness of claimant solicitors moving from legal aid to conditional fee agreements. The first case upholds a…