CONSENT ORDERS, CONFIDENTIALITY AGREEMENTS, IMPLIED TERMS AND (LET'S BE HONEST) A PRETTY DETERMINED EFFORT TO AVOID PAYMENT

August 2, 2016 · by · in Applications, Civil Procedure, Members Content, Uncategorized

I am grateful to Tobias Haynes from Waterside Legal LLP  for sending me a copy of the judgment of His Honour Judge Cooke in Hartland -v- Buccament Bay Resort Ltd (7th July 2016) a copy of which is attached to…

ATTRITIONAL WARFARE; UNMERITORIOUS POINTS AND UNFOUNDED ALLEGATIONS OF BAD FAITH: SO MUCH (AND MORE) IN ONE JUDGMENT

August 2, 2016 · by · in Applications, Assessment of Costs, Conduct, Damages, Default judgment,, Expert evidence, Experts, Members Content, Uncategorized

The judgment today of Mr Justice Edis in  Hayden -v- Maidstone & Tunbridge Wells NHS Trust makes for uncomfortable reading on the issue of the general attitude of the lawyers towards the conduct of the litigation.   In addition to…