Blog - Tuesday 29 October 2013

Bad Weather & Case Law

Now that London has deconstructed the sand bag walls, stood the army down and swept the leaves away from the door steps – some case law.

First of all the interesting case of Feltham v Bouskell [2013] EWHC 3086 (Ch) is the case in which Mr Hollander declined (pursuant to CPR 36.14(4) to invoke the 10% ‘extra award’ where C beat its own Part 36 offer (circa the maximum £75,000 in this case).  It’s a lesson to all practitioners that there are circumstances to be taken into account.  This will be a grey area of litigation and contention for lots of Defendants/paying parties.  Troubled waters indeed*

In the case of Co-Operative Group Ltd v Birse Developments Ltd [2013] EWHC 3145 (TCC) Mr Justice Akenhead refused permission for the Claimant to amend its Particular’s of Claim where it could have done so a year earlier.  Stormy clouds overhead for C’s Solicitors*

In Kesabo & Ors v African Barrick Gold Plc & Anor [2013] EWHC 3198 (QB) Mr Justice Simon granted relief (a small silver lining*) for failing to serve the Particulars of Claim on time, queue almightly sighs of relief for the Solicitors involved.

Three interesting bits of case law, three weather related puns (albeit terrible ones).

On the flip side, for anyone living north of Islington, it was what they would call a slightly windy day yesterday.