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

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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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