CLAIMANT BEATS ITS OWN PART 36 OFFER: DEFENDANT PAYS THE PRICE: OFFER BEATEN BY £4,800 LEADS TO DEFENDANT PAYING AN ADDITIONAL £65,000 - & INDEMNITY COSTS, & ADDITIONAL INTEREST...

CLAIMANT BEATS ITS OWN PART 36 OFFER: DEFENDANT PAYS THE PRICE: OFFER BEATEN BY £4,800 LEADS TO DEFENDANT PAYING AN ADDITIONAL £65,000 – & INDEMNITY COSTS, & ADDITIONAL INTEREST…

November 13, 2019 · by · in Costs, Costs budgeting, Members Content, Part 36

In  Hochtief (UK) Construction Ltd & Anor v Atkins Ltd [2019] EWHC 3028 (TCC)  Mrs Justice O’Farrell considered the consequences of a claimant being its own Part 36 offer.  The claimant beat its own offer by a small amount but…

STAGE 3 PROCEEDINGS AND LATE SERVICE OF EVIDENCE: COURT OF APPEAL DECISION

STAGE 3 PROCEEDINGS AND LATE SERVICE OF EVIDENCE: COURT OF APPEAL DECISION

November 13, 2019 · by · in Appeals, Civil evidence, Civil Procedure, Members Content, Witness statements

The judgment of the Court of Appeal yesterday in Wickes Building Supplies Ltd v Blair [2019] EWCA Civ 1934  is an important one in relation to late service of evidence and Stage 3 of the Protocol.  It shows the importance…

CIVIL PROCEDURE BACK TO BASICS 70: OPINION EVIDENCE IN WITNESS STATEMENTS

November 13, 2019 · by · in Applications, Civil evidence, Civil Procedure, Members Content, Witness statements

There have been several recent cases in which the courts have emphasised the difference between knowledge and “opinion” in witness evidence. In Irani v Duchon [2019] EWCA Civ 1846 the Court of Appeal dismissed an argument that the defendant was…