Archives: Procedure

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Inquest – standard of proof

December 2020/January 2021 | Procedure

The SC has given an important judgment relating to the standard of proof for inquests where the death might have been caused by suicide or unlawful killing. This may seem like a point of narrow interest, but it is, in fact, in the general public interest to have an effective inquest system which is in …

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Indemnity principle – Co-op falls foul

November 2020 | Procedure

In litigation, the indemnity principle is ‘simply that costs are normally to be paid in compensation for what the receiving party has or is obliged himself to pay. They are not punitive and should not enable the receiving party to make a profit’ (May LJ). Fundamentally, the underlying principle is that the receiving party is …

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Costs – informed consent needed

November 2020 | Procedure

This is a case which has been described as potentially opening the ‘floodgates’ and it starts with the rather dry CPR 46.9 – assessment of solicitor and client costs: ‘6.1 A client and solicitor may agree whatever terms they consider appropriate about the payment of the solicitor’s charges. If, however, the costs are of an …

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