2 results
UNFETTERED DISCRETION TO DETERMINE FUNDAMENTAL DISHONESTY AFTER DISCONTINUANCE
Whether allegations of fundamental dishonesty should be determined after discontinuance is subject to a wide and unfettered discretion of the judge, referable only to the circumstances of the case and the overriding objective. There is no requirement within the rules for there to be exceptionality: more...
Costs Consequences where the Portal Should Have Been Used
In this new era we are all very much alive to potential costs issues before a case even gets off the ground. It is widely known that exiting a pre-action protocol where it was unreasonable to do so is likely to limit costs to fixed portal costs. However, what is the position where a claim doesn’t more...
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