COST BITES 336: MOST OF THESE THINGS ARE NOT "SIGNIFICANT DEVELOPMENTS" AND DO NOT JUSTIFY A VARIATION IN THE BUDGET: THE JUDGE NOT PERSUADED ON THE USE OF LEADING COUNSEL, NEW SOLICITORS WITH HIGHER HOURLY RATES AND THINGS MISSED FROM THE FIRST BUDGET

COST BITES 336: MOST OF THESE THINGS ARE NOT “SIGNIFICANT DEVELOPMENTS” AND DO NOT JUSTIFY A VARIATION IN THE BUDGET: THE JUDGE NOT PERSUADED ON THE USE OF LEADING COUNSEL, NEW SOLICITORS WITH HIGHER HOURLY RATES AND THINGS MISSED FROM THE FIRST BUDGET

January 26, 2026 · by · in Applications, Case Management, Civil Procedure, Costs, Costs budgeting, Members Content

Here we have a detailed analysis of a defendant’s application to vary (that is more than double) its original costs budget.  At the PTR stage the defendant applied to double its costs budget, some of this was allowed, most was…

ONE OF THE PERILS OF OBTAINING AN INJUNCTION: AN INTERVENER GIVEN LIBERTY TO APPLY TO BRING A POTENTIAL CLAIM FOR DAMAGES CAUSED BY AN INJUNCTION: LITIGATORS MUST GIVE CAREFUL ADVICE...

ONE OF THE PERILS OF OBTAINING AN INJUNCTION: AN INTERVENER GIVEN LIBERTY TO APPLY TO BRING A POTENTIAL CLAIM FOR DAMAGES CAUSED BY AN INJUNCTION: LITIGATORS MUST GIVE CAREFUL ADVICE…

January 26, 2026 · by · in Applications, Avoiding negligence claims, Civil Procedure, Costs, Injunctions, Members Content

A party seeking an injunction is usually required to give an undertaking as to damages. That undertaking normally extends to the defendants/respondents to the injunction. However the terms of the injunction often give third parties affected by the injunction a…

SHOULD A LOSING PARTY FACE THE NORMAL CONSEQUENCES OF FAILING TO BEAT A PART 36 OFFER? A REMINDER THAT THIS IS A HIGH HURDLE WITH A "FORMIDABLE BURDEN"

SHOULD A LOSING PARTY FACE THE NORMAL CONSEQUENCES OF FAILING TO BEAT A PART 36 OFFER? A REMINDER THAT THIS IS A HIGH HURDLE WITH A “FORMIDABLE BURDEN”

January 26, 2026 · by · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Costs, Members Content, Part 36, Witness statements

A litigant who fails to beat a Part 36 offer can normally expect to face the consequences set out in the rules.  There is an exception if that litigant can satisfy the court that it is “unjust” for those consequences…

BACK TO BASICS MONDAY: THE IMPORTANT DIFFERENCE BETWEEN A "NON-ADMISSION" AND A DENIAL: IF YOU DENY - YOU HAVE TO SAY WHY...

BACK TO BASICS MONDAY: THE IMPORTANT DIFFERENCE BETWEEN A “NON-ADMISSION” AND A DENIAL: IF YOU DENY – YOU HAVE TO SAY WHY…

January 26, 2026 · by · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Statements of Case

Some defences adopt a scattergun approach of “denying” everything.  Some are more selective – they “put the Claimant to strict proof”.  Many defences ignore the important distinction between a non-admission and a denial.   It is important that practitioners know the…

PART 36: DOES A JUDICIAL READING DAY COUNT IN THE CALCULATION OF "21 DAYS" ? WHAT A DIFFERENCE A (READING) DAY MAKES...

PART 36: DOES A JUDICIAL READING DAY COUNT IN THE CALCULATION OF “21 DAYS” ? WHAT A DIFFERENCE A (READING) DAY MAKES…

January 26, 2026 · by · in Applications, Civil Procedure, Costs, Members Content, Part 36

We have seen numerous cases on this blog where matters have been left the “last minute” and the rules as to the calculation of time become important.  Here we have an interesting example in relation to Part 36.  An offer…