COST BITES 390: THE COURT OF APPEAL, “LATE” WITNESS STATEMENTS, THE COPPERS AND THE COSTS
We looked earlier at the Court of Appeal decision yesterday in relation to relief from sanctions. Here we look at the judgment in relation to the costs of the hearing below and of the appeal itself. As we shall see…
AVOIDING UNDERSETTLEMENT: WEBINAR 26th MAY 2026: NOW WITH ADDED CHECKLISTS
Allegations of undersettlement of personal injury actions are not uncommon. There is an entire industry specialising in looking at solicitor’s files. This webinar aims to help practitioners avoid such assertions and be able to provide clear and robust replies if…
THE COURT OF APPEAL ALLOWED DEFENDANT TO RELY ON WITNESS STATEMENTS SERVED “LATE”: THE CRUCIAL DISTINCTION BETWEEN “IN TIME” AND “OUT OF TIME” APPLICATIONS TO EXTEND TIME
I am grateful to Barrister Simon Brindle for sending me a copy of the judgment of this Court of Appeal judgment given yesterday. It relates primarily to the major distinction between an application made “ahead” of time and one made…
YOU CAN’T DELIBERATELY DECIDE TO IGNORE COURT (OR TRIBUNAL) DIRECTIONS: HMRC INVOLVED IN “CONTUMELIOUS” CONDUCT, ITS (LATE) APOLOGY GIVEN LITTLE WEIGHT
Here we have a case of a litigant (the HMRC no less) making a deliberate decision to ignore Tribunal directions. It then attempted to justify that decision by stating “That was a deliberate and proportionate case management decision, taken in…
COST BITES 389: THE SRA IS LIABLE TO PAY THE COSTS OF AN APPEAL WHERE IT WAS THE ORIGINAL APPELLANT ITS POSITION IS “MORE AKIN TO THAT OF A NORMAL LITIGANT”
Here we consider an issue that has some relevance to the profession as a whole. Should the SRA be liable to pay the costs of an appeal from the SDT? In this case the SRA was the instigator of the…
THROWBACK FRIDAY: “WHAT CAN A DEFENDANT ARGUE ABOUT DAMAGES WHEN ITS DEFENCE IS STRUCK OUT?” (MAY 2017)
Recent cases have considered the question of what a defendant can argue as to damages when a claimant has obtained summary judgment. Here we look at a case that considers the position when the defendant’s defence has been struck out. …
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