COST BITES 407: COURT OF APPEAL OVERTURNS DECISION STRIKING OUT POINTS OF DISPUTE BECAUSE OF NON-AINSWORTH COMPLIANCE: JUDGMENT GIVEN TODAY
In this case the Court of Appeal overturned a decision, itself made on appeal, which had struck out a crucial paragraph of Points of Dispute to a bill of costs. The crucial point here, however, is that this is not…
THE CURRENT IMPORTANCE OF PLEADINGS 85: THERE IS NO “FREE PASS” WHEN AN ACTION IS BROUGHT ON BEHALF OF MULTIPLE CLAIMANTS: “THERE IS A DEFINITE SENSE OF THE CLAIMANTS THRASHING ABOUT, TRYING TO FIND ANY ISSUES WHICH COULD BE TRIED WHICH AVOIDED ANY INVESTIGATION OF ANY FACTS.”
We are returning to this Court of Appeal decision for a second time. Initially we looked at the judgment in relation to the outcome – that the claims could be brought together. However there are important points made here in…
FIVE THOUSAND CLAIMANTS AND JUST EIGHT COURT FEES: COURT OF APPEAL UPHOLDS DECISION ON CPR 7.3
In this case the Court of Appeal upheld a decision that some 5,000 individual small value cases could proceed together as, essentially, one action. The provisions of CPR 7.3 were considered and the Court held that the High Court Judge…
THE COURT WAS WRONG NOT TO STRIKE THE DEFENCE OUT: A FAILURE TO DISPUTE A POINT IN THE JERSEY COURTS MEANT IT WAS NOT OPEN TO A DEFENDANT TO ARGUE IT IN A SECOND ACTION
This is a case where, on appeal, it was held that it was not open to a defendant to bring an action because they had already had the ability to raise issues with a court in Jersey. The judge held…
ADVOCACY – THE JUDGE’S VIEW: LOOKING AT SERIES 2: AND WHY THIS APPLIES TO ALL LITIGATORS… (INCLUDING THAT REGULAR MISSIVE THAT YOU SHOULD NOT THREATEN YOUR OPPONENT WITH A PROCTOLOGY EXAMINATION..)
I will soon be starting a new series on “Advocacy – the Judge’s view”. This draws on the principle that whilst judges are the advocate’s clients they are their “consumers” so to speak. Before that it is useful to remind…
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