Introduction
Mixed Claims
The existence of the discretion – CPR r.44.16(2)(b)
(2) Orders for costs made against the claimant may be enforced up to the full extent of such orders with the permission of the court, and to the extent that it considers just, where –
(a) […]
(b) a claim is made for the benefit of the claimant other than a claim to which this Section applies…
(2) Orders for costs made against the claimant may be enforced up to the full extent of such orders with the permission of the court, and to the extent that it considers just, where –
(a) […]
(b) the proceedings include a claim which is made for the benefit of the claimant other than a claim to which this Section applies…”
The exercise of the discretion – misguided guidance
The correct interpretation
Conclusion
In this week’s edition Linda Nelson examines how and when to serve surveillance evidence, and how and when to respond to it; and John Schmitt asks whether it’s necessary to have a claim form re-sealed if it’s been amended prior to service, and urges caution…
This week Thomas Yarrow revisits the vexed question of the use of artificial intelligence in legal research – and our intrepid reporter finds that it’s not all it’s cracked up to be. In fact the experience led him to such depths of despair that he…
This week Ben Rodgers relays two tales from the coalface, both relating to applications to resile from admissions. Readers will be interested to know that in both cases the court applied the balance of prejudice test with the result that the defendants’ applications were refused….
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