A TARGETED FORM OF ILLEGALITY AS A DEFENCE TO DAMAGES: CAR DRIVER WHO HAD NO MOT FOR DAMAGED CAR COULD NOT RECOVER COSTS OF HIRE OF ALTERNATIVE VEHICLE

A TARGETED FORM OF ILLEGALITY AS A DEFENCE TO DAMAGES: CAR DRIVER WHO HAD NO MOT FOR DAMAGED CAR COULD NOT RECOVER COSTS OF HIRE OF ALTERNATIVE VEHICLE

September 11, 2023 · by · in Appeals, Damages, Members Content

In Ali v HSF Logistics Polska SP ZOO [2023] EWHC 2159 (KB) Mr Justice Martin Spencer considered the question of whether there was a “targeted” defence of illegality to a claim for damages which was not as all embracing as…

BACK TO BASICS 98: COPYING THE OTHER SIDE INTO CORRESPONDENCE WITH THE COURT: IT IS DANGEROUS TO ASSUME THAT THESE ARE "ADMINISTRATIVE" MATTERS

BACK TO BASICS 98: COPYING THE OTHER SIDE INTO CORRESPONDENCE WITH THE COURT: IT IS DANGEROUS TO ASSUME THAT THESE ARE “ADMINISTRATIVE” MATTERS

September 11, 2023 · by · in Appeals, Applications, Civil Procedure, Members Content

I am grateful to barrister Justin Bates for drawing my attention to the final paragraphs of the judgment of Mr Justice Fordham in Debenham-Schon v Anchor Hanover Group [2021] EWHC 3023 (QB).   It concerns the duty of a litigant to…

COST BITES 102: NOPE, YOU'RE NOT GETTING £870 AN HOUR: CREDIT CARD RATES ARE REDUCED

COST BITES 102: NOPE, YOU’RE NOT GETTING £870 AN HOUR: CREDIT CARD RATES ARE REDUCED

September 11, 2023 · by · in Assessment of Costs, Costs, Members Content, Summary assessment,

In Walter Hugh Merricks CBE v Mastercard Incorporated and Others [2023] CAT 53 the Competition Appeal Tribunal held that the hourly rates charged by both sides were too high to be recovered inter partes.  The Guideline rates still provide a guide…