COST BITES 384: THE LOSER OF AN APPLICATION USUALLY PAYS AND THERE HAS TO BE A GOOD REASON IF THEY DON'T: APPEAL COURT OVERTURNS A DECISION TO THE CONTRARY

COST BITES 384: THE LOSER OF AN APPLICATION USUALLY PAYS AND THERE HAS TO BE A GOOD REASON IF THEY DON’T: APPEAL COURT OVERTURNS A DECISION TO THE CONTRARY

May 13, 2026 · by · in Appeals, Applications, Civil Procedure, Costs, Members Content

Here we have an unusual case where, on appeal, a costs decision  in favour of a defendant was overturned on the basis that that there was no good reason not to apply the normal principle that “the loser pays”. “There…

WITNESS EVIDENCE WEDNESDAY: A USEFUL ENCAPSULATION OF THE COURT'S APPROACH TO DISPUTED WITNESS EVIDENCE: WITNESSES CAN LIE FOR VARIOUS REASONS

WITNESS EVIDENCE WEDNESDAY: A USEFUL ENCAPSULATION OF THE COURT’S APPROACH TO DISPUTED WITNESS EVIDENCE: WITNESSES CAN LIE FOR VARIOUS REASONS

May 13, 2026 · by · in Civil evidence, Civil Procedure, Members Content, Witness statements

This judgment contains a neat summary of the approach that the court takes when it is faced with a case that rests primarily on witness evidence. The judge reviewed the case law and it was very relevant to the task…