COST BITES 269: WHAT COSTS ORDERS SHOULD BE MADE WHEN THE CLAIMANTS AVOID STRIKING OUT BY AMENDING THEIR PLEADINGS, BUT THE DEFENDANT OPPOSED THE APPLICATION TO AMEND? LITIGATION ON A “PAY AS YOU GO” BASIS

If ever a judgment showed how difficult litigation can be it is the costs decision we are looking at here.  A defendant made an application to strike out a case on the grounds of inadequate pleadings. That application would, without doubt, had been successful if the claimants had not (very belatedly...