A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME

August 18, 2026 · by · in Applications, Civil Procedure, Costs, Fatal Accidents, Members Content, Striking out, Summary judgment

This case emphasises a long existing principle that a second action cannot be brought if a claimant, now deceased, has settled proceedings in their lifetime.  This principle extends to concurrent tortfeasors. There are also important observations outside the realm of…

COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT'S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST

COST BITES 436: THE DEFENDANT FAILED TO BEAT THE CLAIMANT’S PART 36 OFFER: WAS IT UNJUST FOR THE USUAL CONSEQUENCES TO APPLY? THE IMPORTANCE OF INTEREST

August 18, 2026 · by · in Applications, Civil Procedure, Costs, Members Content, Part 36

Here we look at a judgment where the court considered an argument that the claimant had not beaten its own Part 36 offer.  The judge held that the defendant’s argument fell at the first post because it failed to take…

COST BITES 435: ANOTHER APPLICATION TO REVISE A COSTS BUDGET (DURING A TRIAL): WITH A DIFFERENT RESULT: SOME INTERESTING COMMENTS ON CONDUCT ALONG THE WAY...

COST BITES 435: ANOTHER APPLICATION TO REVISE A COSTS BUDGET (DURING A TRIAL): WITH A DIFFERENT RESULT: SOME INTERESTING COMMENTS ON CONDUCT ALONG THE WAY…

August 18, 2026 · by · in Applications, Civil Procedure, Costs, Costs budgeting, Members Content

We have had a number of cases relating to amending costs budgets recently.  This one has a different result.  The need to revise the budget arose from the judge’s decision that there should be a separate hearing on damages.  This,…