- February 23, 2017
That’s fascinating!: Is it really possible for a claimant to commence court proceedings yet not notify the defendant that it’s been sued?
Yes, it would seem that this does sometimes happen.
- September 22, 2016
That’s Fascinating!: What happens when the two judges in a two-judge Court of Appeal case disagree on whether the appeal should be allowed?
The answer appears surprisingly simple: step forward the little-known (some might even say shy) sub-section 54(5) of the Senior Courts Act 1981, where it is stated that:
- February 5, 2016
Should only litigants who love uncertainty make a Part 36 offer in appeal proceedings?
Probably. A party can make a Part 36 offer during appeal proceedings. That’s clear from CPR 36.4 and CPR 52.12. However, the consequences of such an offer being accepted are far from clear.
- October 13, 2015
Should statements of truth be renamed statements of half the truth?
Probably. For some reason (or perhaps for no good reason at all), the wording of a statement of truth is substantially different from the wording of an oath given by a witness in the witness box. In the witness box you must tell the “whole” truth, but when signing a statement of truth all you … Continue reading Should statements of truth be renamed statements of half the truth? →
- July 30, 2015
Are property lawyers smarter than litigators?
Probably. The reason I ask this question is that, when I bought my house, the property lawyer acting for the seller would not let me move in until I had paid for the place, whereas it’s standard practice for litigators to settle disputes on the understanding that the defendant is allowed to make payment 14 … Continue reading Are property lawyers smarter than litigators? →
