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Service of Proceedings: retrospective validation

United Kingdom - April 20 2016 The courts have recently handed down two independent judgments regarding the service of proceedings and arrived at contrary decisions, coincidentally…

Relief from sanctions refused for breach of unless order

United Kingdom - March 23 2016 The Court of Appeal this month considered the issue of relief from sanctions following the breach of an unless order, and in doing so applied the…

Vicarious liability is on the move…

United Kingdom - March 11 2016 As the opening sentence of Lord Reed’s judgment in Cox says, “vicarious liability is on the move” and the conjoined appeals of Cox v Ministry of…

Paul Donnelly.

Part 36 offer for defendant to accept 95%: was this a genuine attempt to settle?

United Kingdom - February 25 2016 The issue of whether a Part 36 offer is a “genuine attempt to settle the claim” is not new. The Civil Procedure Rules Committee recognised its…

Part 36 offers and recoverable benefits: when is judgment more advantageous?

United Kingdom - February 24 2016 Andrew Cousins examines the recent Court of Appeal decision in Crooks v Hendricks Lovell Limited (2016) on whether a claimant who successfully…

Simon Denyer.