LATE WITNESS STATEMENTS AND THE ASSESSMENT OF COSTS: COSTS REDUCED EVEN WHEN THEY WERE ON THE INDEMNITY BASIS

LATE WITNESS STATEMENTS AND THE ASSESSMENT OF COSTS: COSTS REDUCED EVEN WHEN THEY WERE ON THE INDEMNITY BASIS

February 10, 2022 · by · in Case Management, Costs, Extensions of time, Members Content

There are two distinct issues arising from the judgment of HHJ Pelling QC (sitting as a High Court judge) in Various Airfinance Leasing Companies & Ors v Saudi Arabian Airlines Corporation [2021] EWHC 3509 (Comm). The first relates to the…

CLAIM FAILS WHEN CLAIMANT SERVES A FIRM OF SOLICITORS AT THE WRONG ADDRESS: COURT REFUSES TO EXTEND CLAIM FORM

CLAIM FAILS WHEN CLAIMANT SERVES A FIRM OF SOLICITORS AT THE WRONG ADDRESS: COURT REFUSES TO EXTEND CLAIM FORM

February 10, 2022 · by · in Avoiding negligence claims, Members Content, Service of the claim form

In  Kelly v Ralli Ltd [2022] EWHC B5 (Costs)  Cost Judge Rowley found that a claimant had failed to serve a claim form at the correct address.  The action therefore failed. “The rules governing service are clear that it is the…

LAWYERS AS SCHOOCHILDREN IN THE PLAYGROUND: BAD-TEMPERED LITIGATION: THE SUMMARY ASSESSMENT OF COSTS: THE TAIL TO AND NOT THE DOG ITSELF

LAWYERS AS SCHOOCHILDREN IN THE PLAYGROUND: BAD-TEMPERED LITIGATION: THE SUMMARY ASSESSMENT OF COSTS: THE TAIL TO AND NOT THE DOG ITSELF

February 10, 2022 · by · in Conduct, Costs, Members Content

In  Crypto Open Patent Alliance v Wright [2022] EWHC 242 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) made some trenchant observations in relation to arguments about costs on summary assessment.  The criticisms of the way that litigation…