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 tactic.  Here we look at what can be done by a liti...