TWITTER, LIBEL AND EVIDENCE: THE KATIE HOPKINS JUDGMENT
The judgment of Mr Justice Warby in Monroe -v- Hopkins [2017] EWHC 433 (QB) has already attracted a lot of attention. Here I want to look at the issues relating to the evidence. The case is one of the…
COURT OF APPEAL: REFUSAL TO ENGAGE WITH AN OPEN OFFER OF SETTLEMENT IS AN ABUSE OF PROCESS
In Balk -v- Otkrite International Investment [2017] EWCA the Court of Appeal was highly critical of a litigant’s failure to respond to an open offer of settlement of appeal. The failure to engage with an open offer of settlement amounted…
PROVING THINGS 56: A JUDGE WILL NOT SPECULATE WHEN MATTERS COULD HAVE BEEN PROVEN: COUNTERCLAIM FAILS FOR LACK OF EVIDENCE
The judgment of Mr Recorder Douglas Campbell QC in Starbuck -v- Patsystems (UK) Limited [2017] EWHC 397 (IPEC) illustrates issues in relating to recollection and credibility, it is another example of a claim (counterclaim in this case) failing because of…
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