When you bring legal proceedings the question of costs should be at the forefront of your mind. And the legal principle that ‘costs follow the event’. This could be put another way: winner takes all-that is, the loser will nearly always have to discharge the winner’s legal costs. This February 2021 decision in the High … Read more
Choosing which Court to pursue your legal proceedings in is an important decision with a potentially costly outcome if you pursue your cause of action in the wrong Court. Two recent cases illustrate this: Moin -v- Sicika and O’Malley -v- McEvoy Two personal injuries cases were brought in the High Court but the awards were … Read more
Most people are aware that the cost of legal proceedings, particularly litigation proceedings in the High Court, are incredibly expensive. I have previously written about certain tools you can use to compromise or settle legal proceedings: Calderbank letter and lodgments. I have also written about the use of ‘without prejudice’ communications to attempt to settle … Read more
Firstly, what is litigation? Litigation is “contentious work”, with the definition of contentious work being set out in the Solicitors (Amendment) Act, 1994, sections 2 as follows: “contentious business” means business done by a solicitor in or for the purposes of or in contemplation of proceedings before a court or tribunal or before an arbitrator … Read more