Blog - Friday 26 July 2013

Three Important Issues

Proportionality, Proportionality and Proportionality.  There is no Practice Direction or help in any form for Judges or practitioners when dealing with the new proportionality test and the Courts new superhuman powers where costs are found to be disproportionate.

Helpfully, various high profile Judges have said that guidance will be built up by case law.  For those living in the real world who don’t want to run the risk of a costly Court of Appeal appearance, as a good friend of mine constantly says “fail to prepare adequately for this point and you prepare to fail”.

Something light and uplifting to end the week on I thought.