WE HAD SUCH A HOPELESS CASE WE SHOULDN’T PAY ALL THE COSTS BECAUSE YOU SHOULD HAVE APPLIED TO STRIKE US OUT: ARGUMENTS WITH AN “AIR OF UNREALITY” ABOUT THEM

A post yesterday looked at two cases where attempts were made to attribute some blame to a litigant's opponents for not spotting certain issues arising from that litigant's own conduct.  Here we look at a case where this type of argument was turned up a notch or two.  The claimants in an unsuccessfu...