Practical Law

In Solanki v Intercity Telecom Ltd and others, the defendant applied for an adjournment on health grounds. This was refused. The trial went ahead in his absence. The defence was struck out. The claimant was awarded damages of over £290,000 and the defendant was ordered to pay the claimant’s costs of just over £83,500. The defendant applied … Continue reading A triple appeal granted and no denial of justice or penal costs: adjourning a trial on health grounds →

What’s changing? The new Pre-Action Protocol for Debt Claims comes into force on 1 October 2017 and will apply to any debt claimed by a business (including sole traders and public bodies) from an individual (including a sole trader). It does not affect business-to-business debts (unless the debtor is a sole trader) or where the … Continue reading Does one size fit all? A commentary on the new Pre-action Protocol for Debt Claims →

The trial is over, judgment has been reserved and those involved await the result with anticipation. But what can be done when the decision arrives in the form of a draft judgment and you believe the judgment is defective?

Whenever the court makes an order of its own volition, it serves as a reminder of how wide the court’s discretion is when it comes to exercising its case management powers. We must always bear this in mind, and advise our clients that the court could independently make an order that neither party may have … Continue reading Cook v Virgin Media and McNeil v Tesco: court invokes doctrine of forum non conveniens of its own volition →