Theo obtained a rare non-party costs order on behalf of his client, the Applicant in private law children proceedings. The case involved serious allegations of domestic violence and sexual abuse. Having represented the Applicant and reached a compromise at fact-finding, the Respondent went on to make further allegations. Theo successfully opposed a further fact-finding and Cafcass were directed to report on the basis of the agreed facts. Theo persuaded the Court that Cafcass’ repeated failure to do so rendered it just to saddle it with liability for the costs of wasted interim hearings.
Theo’s commitment to a mixed civil practice, alongside his familiarity with novel costs arguments under the CPR, makes him well-placed to prosecute applications of this nature, in an arena where they are often overlooked.
Theo was instructed by Alastair Sinclair, head of litigation at Monan Gozzett LLP.
This week we examine an unusual arbitration case involving (or did it?) a foreign limitation period; and another decision on the tension between open justice and protection of commercially sensitive information (we understand, by the way, that on 25th February the Court of Appeal will…
This week we look at two decisions, both of which will be of critical importance to practitioners in pursuance of contested litigation. In one, unusually, without prejudice correspondence was admissible in a case involving fundamental dishonesty; whilst in the other, the court reviewed the authorities…
Following a 5-day liability trial in the High Court in Manchester, the Claimant’s negligence and Human Rights Act claims were dismissed by HHJ Bird sitting as a Judge of the High Court. The Claimant was a Type 1 diabetic who suffered from a history of…
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