Dominic Regan recounts tales of momentous show downs, fibbing & worse in & out of court
Trial represents the culmination of a dispute. Like a boxing match, two opponents enter the ring, each believing they will win. One is going to be disappointed. Worse still, each party will be confronted by a hostile opponent. To cap it all, a testy judge can let rip. Those considerations regularly provoke settlement, with particular emphasis on ADR. However, a steady flow of optimists fight on.
Prove it or lose it
Anything and everything can go wrong. Marathon Asset Management LLP v Seddon (2017) 2 Costs LR 255. The claimant had rejected a Pt 36 offer to settle pitched at £1.5m. The trial did not quite go to plan. While there was breach there was no evidence of consequential loss. A slightly lower award of £1 was made. Prove it or lose it as the old litigation adage goes.
Tales from the dock
Experts are regularly paid large sums of money for their litigation opinions. I felt utter sympathy for the unfortunate one in Weatherford Global Products v Hyrdopath
