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 to an abuse of process. "Not only would hearing the appeal on...

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