Litigation – Don’t take every issue!
Aug 16, 2015
The Judge in this case ordered indemnity costs against a party who refused to agree a very short extension for service of a Statement of Case.
The Judge in this case ordered indemnity costs against a party who refused to agree a very short extension for service of a Statement of Case.
In my opinion a pragmatic approach has been taken by the Judge rather than a literal and pedantic approach that is sometimes taken by litigating parties. The focus should be on seeking a proportionate solution to a dispute and not on taking every issue, as happens in some cases. Viridor Waste Management v Veolia Environmental Services ltd [2015] EWHC 2321 (Comm) (22 May 2015)
When a person dies, their estate will be administered by a person or persons named as ‘executors’ in their will, or, in cases where they did not leave one, by anyone who has the highest standing to do so (which largely matches the rules of who benefits under a so-called intestacy). These individuals are also called personal representatives (PRs).
When a dispute arises between two parties, it’s not as simple as going straight to court. Before formal legal proceedings can begin, there are pre-action conduct requirements that must be followed.
Many business owners encounter commercial disputes at some stage, as disagreements are a natural part of running a business. In most cases, issues can be addressed and resolved internally through open communication and practical problem-solving.
When informal promises are made within families, they can shape lives and long-term decisions. But when those promises are broken or ignored, and formal legal arrangements are lacking, the result can be emotional, complex and financially devastating.
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