COST BITES 265: THE PERILS OF WORKING UNDER A CFA: THE COSTS JUDGE CORRECTLY ASSESSED COSTS AT NIL: THE DEFENDANT WAS ENTITLED TO TAKE A POINT THAT WAS NOT TAKEN AT AN EARLIER HEARING: THEY WERE SIMPLY FOLLOWING THE COURT'S ORDERS

COST BITES 265: THE PERILS OF WORKING UNDER A CFA: THE COSTS JUDGE CORRECTLY ASSESSED COSTS AT NIL: THE DEFENDANT WAS ENTITLED TO TAKE A POINT THAT WAS NOT TAKEN AT AN EARLIER HEARING: THEY WERE SIMPLY FOLLOWING THE COURT’S ORDERS

August 4, 2025 · by · in Abuse of Process, Appeals, Applications, Assessment of Costs, Civil Procedure, Costs, Members Content, Statements of Case

Here we have a case that could well bring tears to the eyes of any litigator who works on a conditional fee basis.  For the second time, on appeal, the claimant solicitor’s costs have been unsuccessful.  The defendant former client…

HOW NOT TO APPLY TO SET ASIDE A JUDGMENT WHICH IS ALLEGED TO HAVE BEEN OBTAINED BY FRAUD: THE JUDGE MARKED THE "ILL CONSIDERED AND POOR MANNER IN WHICH THE APPLICATION HAS BEEN PREPARED AND PROSECUTED"

HOW NOT TO APPLY TO SET ASIDE A JUDGMENT WHICH IS ALLEGED TO HAVE BEEN OBTAINED BY FRAUD: THE JUDGE MARKED THE “ILL CONSIDERED AND POOR MANNER IN WHICH THE APPLICATION HAS BEEN PREPARED AND PROSECUTED”

August 4, 2025 · by · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Expert evidence, Experts, Members Content, Witness statements

It is possible to apply to set aside a previous judgment when the applicant’s case is that that judgment was obtained by fraud.  However here we look at an almost textbook example of how not to go about this.  The court…

STARTING THE WEEK WITH ANOTHER CLAIM FORM CASE: IT IS NOT QUITE - BUT NIGH ON - IMPOSSIBLE TO OBTAIN A RETROSPECTIVE ORDER ALLOWING A CLAIM FORM TO BE SERVED LATE

STARTING THE WEEK WITH ANOTHER CLAIM FORM CASE: IT IS NOT QUITE – BUT NIGH ON – IMPOSSIBLE TO OBTAIN A RETROSPECTIVE ORDER ALLOWING A CLAIM FORM TO BE SERVED LATE

August 4, 2025 · by · in Applications, Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form, Serving documents

Here we look at a case where the claimant spent a lot of time money and effort obtaining a world wide freezing order but failed to notice that  the time for service of the claim form had expired.   This led…