COST BITES 346: CONDUCT, “PART 36 OFFERS” AND THE STATUTORY PRESUMPTION ON A SOLICITORS ACT ASSESSMENT: THE COSTS OF “ASSESSMENT” ARE DISTINCT TO THE COSTS OF “PROCEEDINGS”
In this judgment given yesterday a Costs Judge considered the relevance of conduct in a Solicitors Act assessment. In particular whether an offer expressed as a “Part 36 offer” by the claimant client could amount to “special circumstances” to displace…
THE CURRENT IMPORTANCE OF PLEADINGS 53: THE HIGH COURT REJECTS AN ALLEGATION OF IMPROPER CONDUCT IN THE DRAFTING OF THE PARTICULARS OF CLAIM: A CLAIMANT CAN BE “TORMENTED” AND THIS IS NOT ABUSIVE…
We are looking at a judgment that goes to the very heart of what a lawyer can properly draft in relation to pleadings. It considers what the line is between putting the case in an “effective and high level way”…
THE CIVIL PROCEDURE (AMENDMENT) RULES 2026 (1): THE CIVIL PROCEDURE RULES ARE DISPLACED BY THE ONLINE PROCEDURE RULES (UNLESS STATED OTHERWISE…)
The Civil Procedure (Amendment) Rules 2026 were laid before Parliament on the 5th February 2026 and come into force (generally) on the 6th April 2026. We will look at those rules that have an impact on civil litigators one by…
DEFENDANTS GIVEN PERMISSION TO RELY ON SURVEILLANCE EVIDENCE SERVED LATE: EVEN THOUGH THIS LED TO THE ADJOURNMENT OF THE TRIAL
A defendant that wishes to rely on surveillance evidence must choose its timing with extreme care. If the evidence is disclosed too early then the claimant could be “tipped off”; too late and this could be categorised as an “ambush”. …
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