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Getting it right from the outset

Written by Michael Coyle on 22 May 2014

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Akenhead J the Judge in the Technology and Construction Court (TCC) dismissed the claimant's case and awarded costs on an indemnity basis -( this means the winner gets all his costs)- with no questions asked.

The Judge described the Claimant's attempts at seeking an early conclusion by way of Summary Judgement as "wholly misconceived" and the claim as a "highly misguided tactical approach". Perhaps the Claimant sought to force the Defendant in to settling but it is highly risky.

Here the Judge said the application was "verging on the hopeless with little or no prospect of success", costs must folow on an indemnity basis.

 

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