SOLICITOR AND OWN CLIENT ASSESSMENTS: PROPORTIONALITY CONSIDERED
In October last year I wrote how a speaker at the Association of Cost Lawyers Conference predicted a rise in the number of solicitor and own-client assessments. It has to be said that there have been some interesting cases in…
PRACTISING “DEFENSIVE LITIGATION” : ESSENTIAL CHECKLISTS GATHERED TOGETHER
What many (if not most) of the posts on this blog make clear is that there is now precious little room for error in civil procedure. To operate effectively, and profitably, we have to develop systems of “defensive litigation”. That…
PROVING THINGS 70: CAUSATION HAS TO BE ESTABLISHED AND WILL NOT BE INFERRED: PRIVY COUNCIL DECISION
Most of the cases looked at in the Proving Things series have, inevitably, been first instance decisions. To mark the 70th in the series we are looking at a Privy Council decision, Petroleum Company of Trinidad and Tobago Ltd v Ryan…
APPEALING FINDINGS OF FACT: AN UNUSUAL ARGUMENT – TO NO AVAIL
In Bedford County Council v GE (Eritrea) [2017] EWCA Civ 1521 the appellant attempted to argue that the trial judge had erred on the facts. The arguments were given fairly short shrift. THE CASE After a hearing in the Court of…
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