Please sign in with your existing account details.
Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.
Privacy statement - Terms and conditions
Forgotten your password?
You have exceeded the maximum number of login attempts for this email address and your account has been locked. An email has been sent to member of Browne Jacobson's web team and some one will be contacting you over the next two working days with details of how to change your password.
Are you sure you want to remove this item from you pinned content?
In Co-operative Group v Birse Developments and others, Co-op originally sought damages for the cost of repairing its concrete slab flooring laid by Birse. In October 2012, Co-op amended its claim, seeking full replacement of the flooring due to it being insufficiently reinforced.
In May 2013, Co-op sought further amendment to its claim, stating that the deficiency was in fact that the floor was too thin and that this had always been the case. The Court of Appeal held that if the flooring had always been too thin, Co-op should have known this when it made its first amendment application in October 2012. The Court viewed the delays caused by this oversight as a ‘foreseeable risk’ Co-op should have avoided; their first application having already delayed matters. Co-op’s argument in May 2013 should clearly have been pleaded far earlier and so their application was dismissed.
This case highlights the importance of correctly targeting claims at the outset and the consequences if time is allowed to slip.
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.
View blog
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.
Select which mailings you would like to receive from us.
Sign up