COST BITES 409: A PART 36 CASE TO FINISH OFF THE WEEK: CLAIM £8.4 MILLION GET £102,000 (HAVING TURNED DOWN AN OFFER OF £3.175 MILLION): IT IS NOT “UNJUST” FOR THE CLAIMANT TO FACE TO NORMAL PART 36 CONSEQUENCES, NOR WOULD THE COURT “PICK AND CHOOSE” IN RELATION TO THE COSTS PAYABLE
If ever a case served as a warning to the risks of litigation it is this one. The claimant sought damages of up to £8.4 million but obtained judgment of £102,000. This turned out to be expensive litigation, with the…
COST BITES 408: WHO (IF ANYONE) SHOULD PAY THE COSTS WHEN THE COURT MAKES NO DECISION ON THE SUBSTANTIVE ISSUE?
In this case the judge considered an argument that a claimant who made, but failed, in an application for an interim injunction should not necessarily be liable for costs. This argument was put forward on the basis that the court…
THROWBACK FRIDAY: “WHICH WITNESS WILL BE BELIEVED? IS IT ALL A LOTTERY? (JULY 2014): ISSUES OF WITNESS CREDIBILITY CONSIDERED
This week we go back 12 years to look at one of the recurring themes of this blog: witness credibility. We looked at a judgment which was all about the judge’s assessment of the witnesses. This was made more difficult…
EXPERT WATCH 54 : THE DEPUTY MASTER SHOULD NOT HAVE IGNORED THE EXPERT EVIDENCE BEFORE THE COURT: IT WAS RELEVANT AND ADDRESSED THE CENTRAL ISSUE
We are looking at a case where, on appeal, the judge found that a Deputy Master fell into error by failing to take into account relevant expert evidence provided by a claimant. The judge held that the Master had misunderstood…
A SOLICITOR SHOULD JUST NOT BE SAYING THIS IN A WITNESS STATEMENT: IT “STRAYED WELL BEYOND WHAT SHE COULD LEGALLY GIVE EVIDENCE ABOUT FROM HER OWN KNOWLEDGE INCLUDED HEARSAY FROM AN UNNAMED SOURCE AND INCLUDED STATEMENTS OF OPINION WHICH SHE DID NOT HAVE THE EXPERTISE TO GIVE…”
There are numerous cases reported on this blog where judges have been critical of the “evidence” given by solicitors in witness statements. In many cases, even on cursory examination, it transpires that the lawyer is not in a position to…
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