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A rather robust judgment has been given in the High Court on the scope of the court to make costs orders against non-parties.
In a piece of litigation where Judgment had been given five years earlier, the parties were now embroiled in a dispute over the fact that several of the defendants who were shareholders in the first defendant funded that defence and as to how far they should now fund the costs of the successful claimant.
Insofar as four of the defendants were concerned, their involvement in the action was “open and honest”. Not only did they fund the litigation but they also had an “interest and control” of the litigation. As a result they had to take the financial consequences of that and bear the costs jointly and severally.
In 2016, Lord Justice Briggs set out his proposals for restructuring the civil courts and tribunals in England and Wales. The vision for modernising court services and creating the “Online Court” has seen the introduction of online platforms for civil claims in recent years but progress has been described as slow.
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Part 36 offers in litigation are used tactically to make a settlement offer while simultaneously placing the other side on risk of not ‘beating’ that offer at trial.
The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 is due to come into force on 4 May 2021. It’s a snappy title but what exactly is it?
With cross-country travel and in person gatherings largely prohibited due to the Covid-19 pandemic, the Courts are using remote or virtual trials to ensure the justice system ticks along.
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