A PART 36 OFFER SHOULD NOT BE DISCLOSED AT AN INTERLOCUTORY STAGE: DEFENDANT LOOKING FOR STRAWS IN THE WIND
In FKJ v RVT & Ors [2022] EWHC 411 (QB) Mrs Justice Collins Rice upheld a decision that a claimant’s Part 36 offer could not be used in interlocutory proceedings. This is a decision on its own facts and the…
IMPOSING A COSTS CAP CANNOT BE A MEANS OF STIFLING LITIGATION OR ACHIEVING OTHER ENDS BY THE BACK DOOR: DEFENDANT’S APPLICATION FOR PERMISSION TO APPEAL REFUSED
There are rules governing the citation of judgments refusing permission to appeal. However the judgment of Lord Justice Coulson in PGI Group Ltd v Thomas & Ors (Application for Permission to Appeal) [2022] EWCA Civ 233 has been put on BAILII…
COURT OF APPEAL UPHOLDS REFUSAL TO ALLOW DEFENDANTS TO WITHDRAW FROM ADMISSIONS: “THE STATEMENT OF TRUTH IS NO EMPTY FORMALITY”
In Clarkson v Future Resources FZE & Ors [2022] EWCA Civ 230 the Court of Appeal upheld a judge’s decision not to allow the defendants permission to withdraw an admission. It is an important reminder of the quality of the…
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