STATEMENTS OF CASE, DRAFTING, DANGERS AND PITFALLS 2022: FORTHCOMING WEBINAR
Recently we have looked at several cases where the importance of proper pleading was emphasises. For instance in Charles Russell Speechlys LLP v Beneficial House (Birmingham) Regeneration LLP [2021] EWHC 3458 (QB) the appeal was allowed, and the matter remitted…
APPLICATIONS TO AMEND: TOWER BLOCKS, FIRE SAFETY AND “FACTS” PLEADED IN THE DEFENCE: COURT OF APPEAL DECISION
In Mulalley & Co. Ltd v Martlet Homes Ltd [2022] EWCA Civ 32 the Court of Appeal upheld a decision that a claimant, seeking to amend its Particulars of Claim by referring to matters pleaded in the defence, was pleading…
WHAT HAPPENS AT A SUMMARY ASSESSMENT OF THE COSTS OF A TRIAL? ALSO THE COSTS AND INTEREST THAT FOLLOWS A PART 36 OFFER
We have already looked at the judgment of HHJ Pearce (sitting as a High Court Judge) in The Huntsworth Wine Company Ltd v London City Bond Ltd [2022] EWHC 98 in relation to the construction of Part 36 offers. This was…
A PART 36 OFFER CANNOT BE REDUCED BECAUSE OF A DEDUCTIBLE: AN INSURER IS BOUND BY THE TERMS OF THE OFFER IT MADE
I am grateful to solicitor John McQuater for sending me a copy of the decision in Denton -v- Ms Amlin Underwriting (County Court at Doncaster 6th August 2021). It relates to an insurer defendant attempting to deduct an excess figure…