Report comment

@Anonymous Commented on: 24 February 2017 10:44 GMT

"...I had a claimant Part 36 offer accepted about 15 minutes before a trial was to start once. Any number of cases resolve at the door of the court - that's litigation for you. .."

That's sloppy litigation. You should have sought admissions much earlier and then made the Part 36, way before any trial.

I would have been arguing on assessment that as you apparently did not, your fees should be heavily deducted to the point that you could have (unless there was unreasonable conduct on the Def part). In Part 36 cases you do not even then get a fruit machine payout, you get proportionate costs (or should do if the other sides assessors get their points of objection correctly drafted).

"...Rayner, you don't know how clin neg cases work. You also suggest that the decision is a solicitor's to make, when cases are brought by claimants. .."

Case are brought by Claimants but you are not supposed to let them drive you but vice versa and you need to advise them carefully about unreasonable and proportionate cost (as I said would a person of moderate means litigate their case).

"...Go ... [and] ... do the work because I reckon you'll make a huge success of it, what with your very early admissions and inappropriate but cheap "experts". ..."

Like the hospital GP I referred to that would have saved your client £3000 or so. in costs.

"...And when Registrars and GPs refuse to accept instructions on matters beyond their expertise, do please tell them they're doing it all wrong. .."

You ensure that you get the appropriate first port of call expert that does elucidate the matter. That is proportionate litigating and it is what you have a duty to do for your client.

Believe it or not (and you may not understand this as the concept goes back to around 1189), you as either Solicitor (I suspect you are not?) or Solicitors Clerk are an Agent of your client and supposed to be litigating as they would do so (i.e as a person of moderate means). ....