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18 October 2018 / David Cooper
Issue: 7813 / Categories: Features , Profession , Costs
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Behave or suffer the consequences

Costs lawyer David Cooper highlights recent examples of bad behaviour that proved expensive

  • Looks at conduct in litigation that attracts financial penalties.

Bad behaviour is often the type of conduct that can give rise to severe penalties, but it can take many different forms. There has been a recent flurry of examples of conduct that have led to heavy financial consequences. The issue is being considered in areas of litigation which were previously regarded as safe areas, but not anymore.

Ensuring that in all respects cases are conducted appropriately applies not only during the course of the substantive proceedings but also in relation to costs issues and the detailed or summary assessment of those costs. For example, the court has the power to strike out a case if it finds it to be an abuse of the court process or as a consequence of non-compliance with a rule, practice direction or court order (CPR 3.4). There may also be instances where it is established that there are no reasonable grounds for bringing

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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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