PROVING THINGS 200: ALL THE SERIES IN ONE PLACE: THE (VERY) EXPENSIVE COSTS OF FAILING TO THINK FULLY ABOUT EVIDENCE

There are now 200 posts in the “Proving Things” Series.  These centre, usually, on a failure to establish matters at trial. Sometimes the failures are dramatic. In Marathon Asset Management LLP -v- Seddon [2017] EWHC 300 (Comm) i the claimants had sought £15 million, they received £2, having turned down a Part 36 offer of £1,5 million along the way. The claimant in Burges & Anor v Lejonvarn [2018] EWHC 3166 (TCC) the claimants succeeded in the Court of Appeal in establishing a duty of care but failed totally at trial, with the judge finding that, despite claiming £360,000, they had lost nothing. The same claimants came to grief when the matter went to the Court of Appeal a second time.  The defendant’s costs budget had been £724,265.63 (excluding vat and budget preparation costs), the Court of Appeal held that a large portion of the defendant’s costs should be assessed on the indemnity basis.  These cases are two of the many that illustrate the costs of not realising how to “prove things” and failing to carry out any critical analysis of your own case as to damages.

 

THE PROVING THINGS SERIES TO DATE

Proving things 9: the role of experts 
Proving things 11: Lies, damn lies and…
Proving things 13: Loss, there was no loss
Proving things 14: proving mitigation of loss
Proving things 23: serving important evidence late
Proving things 40: No evidence – no loss
Proving things 43: How the Court decides: a Primer
Proving things 76: A recap
Proving things 126: Failure to prove dishonesty