What happens when a claimant is in financial difficulties, or becomes bankrupt, or goes into administration or liquidation during proceedings?

This is not an unusual question. This issue arises a lot.

An individual brings a claim in the courts of England and Wales, (known as a claimant, and previously a plaintiff). For a variety of reasons, they cannot continue because they have run out of funds, or have found themselves in financial dire straits.

If you think that this is going to happen, or the claimant has financial issues, a tool in litigation is to apply for security for costs, depending upon the particular circumstances of the financial concerns, pursuant to Part 25.12 of the Civil Procedure Rules 1998 (‘CPR’).

Security for costs are monies that are paid into court to cover part or all of the defendant’s legal costs, in case the claimant is unable if he/she/it loses a case.

What if a claimant is financially impecunious? Continue reading

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When you think you are right and everyone else is wrong?

This blogpost will no doubt upset those who always think they are right, or know better. Worse still, those who have a certain outlook on life and an understanding of justice and truth, may find that their perception of things according to them, is not the same perception of matters considered according to a court of law.

It is aimed not only at litigants’ in person, but for those engaged and embroiled in litigation in the Courts of England and Wales.

According to Nobel prize winner Daniel Kahneman in his outstanding book, ‘Thinking, Fast and Slow’, which I highly commend you to read:

‘Social scientists in the 1970s broadly accepted two ideas about human nature. First, people are generally rational, and their thinking is normally sound. Second, emotions such as fear, affection, and hatred explain most of the occasions on which people depart from rationality’. (Kahneman D, 2011, p8)

Amos Twersky posed the question: ‘Are people good intuitive statisticians?’ (Kahneman D, 2011, p5 )

What does it matter to you , because you are right and your sense of justice is right. Right? Continue reading

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