Archive for 2020

Claimants beware of over pleading – R.G. Carter Projects Ltd v CUA Property Ltd

Posted on: December 22nd, 2020 by Catrin Watkins
In this interesting TCC case the Claimant made significant allegations against the Defendant with the value of the claim being initially pleaded at over £14 million. The Claimant thereafter made sweeping revisions to the...

CJ & LK Perk Partnership v Royal Bank of Scotland – When should Litigants in person be required to serve a Budget?

Posted on: December 14th, 2020 by Catrin Watkins
In the case of CJ & LK Perk Partnership v Royal Bank of Scotland EWHC 2563 (Comm) the Court declined to make an order requiring the Claimant, a litigant in person, to file/ serve a Budget. CPR 3.13 (1) states that...

Court was wrong to deny the Claimant who beat their Part 36 offer enhanced interest: Telefónica UK Ltd v The Office of Communications

Posted on: November 26th, 2020 by Catrin Watkins
The Claimant had succeeded in its £54m claim over mobile network licence fees paid to the Defendant and was awarded further £3 million in simple interest, having made Part 36 offers of both inclusive and exclusive of...

Kamara v Builder Depot Ltd [2020] EWHC 3046 (QB) – Fundamental dishonesty at it’s clearest

Posted on: November 19th, 2020 by Catrin Watkins
An interesting case handed down from the Court of Appeal- Kamara v Builder Depot Ltd EWHC 3046 (QB) – a case where the Claimant was held to be fundamentally dishonest and was ordered to pay the Defendant’s costs. At...

Approach to be taken on ordering interim payments on account of costs (Mousavi-Khalkali v Abrishamchi & Anor)

Posted on: November 18th, 2020 by Catrin Watkins
The Appeal in the matter of  Mousavi-Khalkali v Abrishamchi & Anor EWCA Civ 1493 related to a dispute in jurisdiction between England and Iran and the award of an interim payment of Costs. Leaving the jurisdictional...