WHEN CPR 3.10 CAN HELP: PROCEEDINGS HAD BEEN “ISSUED” ALBEIT IMPERFECTLY AND THE SITUATION COULD BE REMEDIED (TO THE CLAIMANT’S DETERIMENT IN THIS CASE)

I have written before about the "heavy lifting" that sometimes takes place when practitioners attempt to invoke  CPR 3.10. Here we look at a case where CPR 3.10 was used to condemn a claimant who had used the wrong procedure and to ensure that the defendant could recover their costs despite the use ...