PART 36, REFUSAL TO MEDIATE AND SHOULD A PARTY BE SUBJECT TO THE PART 36 PENALTIES WHEN AN OFFER WAS MADE TO THREE DEFENDANTS?
What should the court do in a case where a Part 36 offer is made in relation to a number of defendants but the claimant only succeeds against one of them? Can a failure to accept an offer of mediation…
CLAIMANT GRANTED RELIEF FROM SANCTIONS (ON APPEAL) FOLLOWING LATE SERVICE OF A COSTS BUDGET (TWO YEARS AND FIVE MONTHS LATE…): BUT AT A COST…
Cases relating to late service of the costs budget are still filtering through. Rarely, however, does the failure extend over 2 years and 4 months as it does here. Despite the delay the claimant’s successfully appealed against the initial refusal…
COST BITES 252: WHEN CAN A SOLICITOR PROPERLY TERMINATE A RETAINER? WAS THE CLIENT “THROWN TO THE LIONS”?
Here we are looking at a very small part of a judgment in relation to costs on a solicitor/own client assessment. On of the arguments put forward by the (former) client was that the retainer was wrongfully terminated shortly before…
WHEN CAN A JUDGE HEAR AN ISSUE THAT IS NOT “LISTED”? THE ISSUES CONSIDERED IN THE HIGH COURT
If an action is listed for hearing on a specific issue when can the judge hear, and make an order in relation to a different issue? This is an issue considered in the case we are looking at here. The…
AVOIDING PROBLEMS IN CIVIL LITIGATION 1: HOW DOES ANYBODY MISS A LIMITATION PERIOD?
This is the first in the promised series about avoiding problems in civil litigation. The most obvious place to start is with limitation issues. These sometimes prove particularly problematic for personal injury and clinical negligence lawyers. However there is no…
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