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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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COSTS: "ROLLED UP" OFFER OF SETTLEMENT, INCLUDING COSTS DID NOT GIVE A DEFENDANT ANY PROTECTION

COSTS: “ROLLED UP” OFFER OF SETTLEMENT, INCLUDING COSTS DID NOT GIVE A DEFENDANT ANY PROTECTION

November 2, 2020 · by gexall · in Costs, Part 36

The judgment of Mr Justice Freedman in Comberg v VivoPower International Services Ltd & Anor [2020] EWHC 2787 (QB) contains many interesting observations in relation to damages, mitigation and costs.  Here I want to isolate one element – the fact…

MACHISMO OR MADNESS? THE DANGERS OF MAKING A "TIME LIMITED" OFFER OR WITHDRAWING A PART 36 OFFER

MACHISMO OR MADNESS? THE DANGERS OF MAKING A “TIME LIMITED” OFFER OR WITHDRAWING A PART 36 OFFER

April 23, 2017 · by gexall · in Costs, Part 36

There may be tactical advantages to making a “time limited” offer, or withdrawing a Part 36 offer after 21 days.  However this can backfire badly.  We have already looked at the decision in Thakkar -v- Singh [2017] EWCA 117 in…

COURT OF APPEAL: REFUSAL TO ENGAGE WITH AN OPEN OFFER  OF SETTLEMENT IS AN ABUSE OF PROCESS

COURT OF APPEAL: REFUSAL TO ENGAGE WITH AN OPEN OFFER OF SETTLEMENT IS AN ABUSE OF PROCESS

March 10, 2017 · by gexall · in Appeals, Applications, Conduct, Litigants in person, Risks of litigation

In Balk -v- Otkrite International Investment [2017] EWCA the Court of Appeal was highly critical of a litigant’s failure to respond to an open offer of settlement of appeal. The failure to engage  with an open offer of settlement amounted…

AN OFFER IS NOT AN ADMISSION: HIGH COURT REJECTS APPLICATION FOR JUDGMENT ON ADMISSIONS

October 26, 2015 · by gexall · in Admissions, Civil Procedure, Uncategorized

The previous post looked at the decision Mr Justice Coulson in The Dorchester Group Ltd -v- Kier Construction Limited [2015] EWHC 3051 (TCC) in relation to disclosure.  Here we look at the decision in relation to the claimant’s application for…

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Top Posts & Pages

  • EXCEPTIONS TO THE WITHOUT PREJUDICE RULE: COURT OF APPEAL ALLOWS MATTERS SET OUT IN MEDIATION TO BE PLEADED IN A DEFENCE
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  • PROVING THINGS 209: SOLICITORS NEGLIGENCE ACTION DISMISSED BECAUSE THERE WAS NO LOSS: THE CLAIMED JEWEL WAS BIGGER THAN THE SOCKET
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