header-logo header-logo

Behave or suffer the consequences

18 October 2018 / David Cooper
Issue: 7813 / Categories: Features , Profession , Costs
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll