COST BITES 457: COURT REFUSES APPLICATION TO MAKE LEGAL INSURERS SOLELY RESPONSIBLE FOR THE COSTS OF ASSESSMENT: (WHY COSTS LAWYERS HAVE TO KNOW THE LAW OF EVIDENCE – PARTICULARLY IF THEY ARE GOING TO MAKE ALLEGATIONS RELATING TO CONDUCT)
Here we look at a highly unusual allegation. Two of the claimants (the paying parties) and the defendants sought an order making their ATE insurer solely responsible for the costs of the assessment process. This application was supported by “evidence”…
WHAT HAS CIVIL LITIGATION BRIEF DONE ABOUT … PLEADING DAMAGES? A 10 POINT CHECKLIST TO AVOID YOUR CLIENTS (AND YOU…) GETTING INTO DIFFICULTIES…
The two posts earlier today on the judgment in Amaal Ventures Ltd v Eros Ltd looked at problems arising because of a failure to plead damages. This is not an new issue. Here we use the CLB archive to provide…
MEMBER NEWS: THERE ARE IMPORTANT DIFFERENCES IF YOU HAVE TAKEN OUT A NEW GROUP SUBSCRIPTION RATHER THAN RENEWED: WHY SOME PEOPLE CANNOT LOG IN AT PRESENT
There have been messages this morning from people wondering why they cannot log on to this site when the have a group membership. There has been a simple explanation. On a few occasions groups have taken out new annual subscriptions…
THE CURRENT IMPORTANCE OF PLEADINGS 94: OK SO WE DIDN’T ACTUALLY PLEAD THE CLAIM FOR £2.569 MILLION BUT CAN WE HAVE PERMISSION TO AMEND NOW?
Here we have a claimant who, unsuccessfully, argued that it did not need permission to amend its pleadings to claim damages of £2.569 million. Having lost that argument its fallback position was that the court should grant permission to amend. …
THE CURRENT IMPORTANCE OF PLEADINGS 93 : CAN YOU CLAIM £2.569 MILLION IN DAMAGES WHEN YOU HAVEN’T PLEADED IT? NOW THAT’S AN IMPORTANT QUESTION…
If ever there was a case that would persuade you of the importance of pleadings it is this one. The claimant had succeeded on many issues at a trial. It now wanted to claim £2,569 million in damages. However an…
PROPORTIONALITY AND LITIGATION (3): WHAT DO YOU DO IF YOUR OPPONENT IS BEHAVING DISPROPORTIONATELY?
The previous post in this series looked at cases where the parties had “drifted” into disproportionate conduct and costs. However we should not be naive. Some litigants, and some litigators, will expressly threaten to run up costs as a litigation…
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