The following PI & Clinical Negligence Q&A Produced in partnership with Jamie Gamble of No5 Barristers Chambers provides comprehensive and up to date legal information covering:
If a defendant successfully defends a claim, the starting point is that the claimant will be liable to pay their costs of the claim. However, CPR 44.2(1)(a) provides the court with the discretion ‘as to whether costs are payable by one party to another’. In a multi-defendant case this provides the court with the discretion to make an unsuccessful defendant, rather than the claimant, liable for the successful defendant’s costs.
The court may make a Bullock order, where the claimant pays the successful defendant’s costs but then recovers those costs from the unsuccessful defendant, or a Sanderson o
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Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
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