header-logo header-logo

12 May 2017
Issue: 7745 / Categories: Features , Civil way , Procedure & practice
printer mail-detail

Civil way: 12 May 2017

Reasonable losers; invites to OS; statutorily demanding; actuaries on a high.

SMALL CLAIM, BIG POINT

The small claims costs protection after allocation applies not only up to and including the final hearing but to any appeal (CPR 27.14(1)). This leaves the represented loser rummaging for some unreasonable behaviour (within CPR 27.14(2)(g)) with which to sway the judge. So what does unreasonable behaviour mean? Like an elephant, perhaps difficult to describe but you know it when you see it.

In Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269, [2017] All ER (D) 101 (Apr) it was decided that this dictum from Sir Thomas Bingham MR in Ridehalgh v Horsefield [1994] Ch 205, [1994] 3 All ER 848 (albeit dealing with wasted costs) should give sufficient guidance on what it meant: ‘Conduct cannot be described as unreasonable simply because it leads in the event to an unsuccessful result or because other more cautious legal representatives would have acted differently. The acid test is whether the conduct permits of a reasonable explanation. If so, the course

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

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
back-to-top-scroll