PROVING THINGS 305 : DEFENDANT FAILS TO ESTABLISH ANY BREACHES AND (IN ANY EVENT) HAD MADE A PROFIT HERE NOT A LOSS: IF YOU PLEAD DAMAGES YOU HAVE TO BE ABLE TO PROVE THEM

PROVING THINGS 305 : DEFENDANT FAILS TO ESTABLISH ANY BREACHES AND (IN ANY EVENT) HAD MADE A PROFIT HERE NOT A LOSS: IF YOU PLEAD DAMAGES YOU HAVE TO BE ABLE TO PROVE THEM

November 12, 2026 · by · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Damages, Members Content

This is far from the first case where a litigant has taken a claim for damages to trial and failed, demonstrably, to show that it has suffered any loss.   The principles in relation to proving damages on a counterclaim are…

SERVICE POINTS 59: AN APPLICATION TO EXTEND TIME TO SERVE THE PARTICULARS OF CLAIM DID NOT EXTEND TIME FOR THE CLAIM FORM: NEITHER DID THE ACTUAL STRIKING OUT OF THE ACTION...

SERVICE POINTS 59: AN APPLICATION TO EXTEND TIME TO SERVE THE PARTICULARS OF CLAIM DID NOT EXTEND TIME FOR THE CLAIM FORM: NEITHER DID THE ACTUAL STRIKING OUT OF THE ACTION…

November 12, 2026 · by · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Members Content, Service of the claim form, Serving documents

Here we have an appeal which several procedural issues. Firstly the claimant could not really justify seeking an extension of time of 18 months for service of the Particulars of Claim. Secondly (and significantly) despite taking several procedural steps the…

THERE HAS NOT BEEN FULL AND FRANK DISCLOSURE: THE DIFFICULTIES WHEN LITIGATION SPANS SEVERAL JURISDICTIONS: "THE SUPPOSED EXPLANATIONS BELATEDLY OFFERED ... AMOUNT TO LITTLE MORE THAN AN ACKNOWLEDGEMENT OF THE FAILING WITH A RATHER LAME CONFESSION OF INABILITY TO EXPLAIN HOW OR WHY IT OCCURRED"

THERE HAS NOT BEEN FULL AND FRANK DISCLOSURE: THE DIFFICULTIES WHEN LITIGATION SPANS SEVERAL JURISDICTIONS: “THE SUPPOSED EXPLANATIONS BELATEDLY OFFERED … AMOUNT TO LITTLE MORE THAN AN ACKNOWLEDGEMENT OF THE FAILING WITH A RATHER LAME CONFESSION OF INABILITY TO EXPLAIN HOW OR WHY IT OCCURRED”

November 12, 2026 · by · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Injunctions, Members Content

We have seen many examples of litigants coming to grief because of a failure to comply with the duty of full and frank disclosure, particularly when making an application for an injunction.  The judge in this case was clear that…