Zahoor & ors v Masood & ors [2009] EWCA Civ 650

Litigation tactics: Win, lose or pay either way

Johnathan Payne discusses how the way you pursue or defend a claim can impact on costs ‘This state of affairs has generated far more litigation in areas such as discontinuance, fundamental dishonesty and strike out.’ In 1931 Aldous Huxley wrote Brave New World. The book was set in a futuristic world state of genetically-modified citizens …

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Procedure: Lucky strike

David Sawtell reports on the impact of Fairclough Homes on applications to strike out It would only be in a very rare case where, at the end of a trial, it would be appropriate to strike out a case rather than dismiss it on the merits. The purpose of striking out a claim was to …

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Burden And Standard Of Proof: Cash for crash

David Sawtell examines the growing instance of personal injury fraud ‘Defending a case on the grounds that it is fraudulent is expensive and time consuming. Sometimes it appears that the case would have little merit if it went to trial.’ Personal injury fraud is now big business. Last year’s report by the BBC’s Panorama program …

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