In Amin v Amin & Ors [2020] EWHC 2675 (Ch) Mr Justice Nugee made an important observation about the way in which parties present their case. It may benefit some litigants to put their case on an alternative basis.
THE CASE
The appellant was appealing against a decision that the defendants we...
I am Not A Lawyer. It is my opinion that The Royal Courts of Justice should serve Justice. The parties were represented and the judge had the discretion to consider that under the particular circumstances Justice would have been better served by adding the “either-or” choice to obtain a fair or Just decision. It seems to me that it cannot be fair that the initial interest of both parties in joint agreement to start with should leave one party a total winner and the other a sore loser – just because the Judge preferred the argument of one side 100% and the other totally without any interest when reason shows at least in the beginning of the relationship there was a Joint interest – and that this needed just recompense. Both parties received legal advice and – “the Winner takes it all” – appears from any reasonable circumstances to be unjust. I would wecome adverse opinions, other than to teach parties to be more careful in the future.
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