BACK TO BASICS MONDAY: RELIEF FROM SANCTIONS: THE RELEVANCE OF THE CLIENTS BEING SOLELY AT FAULT: SOME DIFFICULT ISSUES TO TACKLE

BACK TO BASICS MONDAY: RELIEF FROM SANCTIONS: THE RELEVANCE OF THE CLIENTS BEING SOLELY AT FAULT: SOME DIFFICULT ISSUES TO TACKLE

August 24, 2026 · by · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Relief from sanctions

In many cases relating to breach from sanctions the fault may lie with the solicitor rather than the client. This case considers that question directly.  The clients’ innocence was an important factor in the court’s discretion. “I take from the…

COST BITES 438 : CLAIMANT'S UNTENABLE ARGUMENTS LEADS TO REDUCTION IN COSTS RECOVERED: HOURLY RATES FAR TOO HIGH, EVEN WHEN THE CLAIM WAS "ONLY" FOR £9 MILLION

COST BITES 438 : CLAIMANT’S UNTENABLE ARGUMENTS LEADS TO REDUCTION IN COSTS RECOVERED: HOURLY RATES FAR TOO HIGH, EVEN WHEN THE CLAIM WAS “ONLY” FOR £9 MILLION

August 24, 2026 · by · in Applications, Civil Procedure, Conduct, Costs, Members Content

This decision as to costs gives rise to two interesting issues. Firstly the claimant’s costs of an injunction application were reduced substantially because assertions were put forward on a basis that were “unsustainable” and which should never have been pursued,…