COST BITES 254: DOES YOUR CLIENT HAVE CAPACITY? AN IMPORTANT POINT WHEN CONSIDERING THE VALIDITY OF THE RETAINER: AN ISSUE CONSIDERED IN THE SCCO TODAY
It is rare for issues of capacity to considered on an assessment of costs. However that is precisely the issue considered in this case. If the defendant established he did not have capacity when he entered into a retainer with…
COMMITTAL PROCEEDINGS “BROUGHT FOR COLLATERAL PURPOSES” DISMISSED: NOTICE TO SHOW CAUSE ISSUED AGAINST THE CLAIMANT’S SOLICITORS: WHY THIS IS A VERY DANGEROUS STRATEGY
There are many ways in which a litigant, dissatisfied with a judgment of the court can respond. They can apply to set the judgment aside; they can appeal; they can issue fresh proceedings attempting to argue that the action was…
ACTION STRUCK OUT BECAUSE CLAIMANT FAILED TO COMPLY PROPERLY WITH AN UNLESS ORDER FOR DETAILS OF FUNDING: DECISION UPHELD ON APPEAL
Here we look at a case where the Court of Appeal upheld a decision that the claimant had failed to comply with the terms of a peremptory order. The action was, therefore, struck out. It is a salutary and important…
GENERAL DAMAGES FOR PSYCHIATRIC INJURY: THE KEY ISSUES CONSIDERED: WEBINAR 9th JULY 2025
How do awards for pain and suffering for psychiatric injuries differ, if at all, to damages for physical injuries. What does the court do when there are physical and psychiatric injuries? What happens if there are multiple injuries? These are…
COST BITES 253: COURT OF APPEAL ALLOW APPEAL IN HOLCROFT -V- THORNEYCROFT SOLICITORS – BY CONSENT: AN “AGREEMENT” AS TO THE DEDUCTION OF COSTS DOES NOT PREVENT A SOLICITORS ACT ASSESSMENT
The case of Holcroft -v- Thorneycroft has been discussed on this site in the past. The Court of Appeal has allowed an appeal, by consent, setting aside the original orders and directing that the defendants pay the costs of the …
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