PROPORTIONALITY: SHOULD HINDSIGHT BE A FACTOR? EXTRACTS FROM O’HARE AND BROWNE ON CIVIL LITIGATION (YOU SAW IT HERE FIRST…)

I am grateful to John O'Hare for sending me an extract from the next edition of O'Hare and Browne on Civil Litigation (19th edition). It deals with proportionality and, in particular,  whether hindsight should be a factor in assessing proportionality.  (The arguments in the Court of Appeal referred ...