"There is an important balancing act to be struck by practitioners between the ability to make an application, and whether to do so. The exhaustive approach adopted by Zurich in Curtiss is unlikely to be considered reasonable or productive. In summary, the fact that a particular application can be made does not mean that it always should be."
Writing in the Solicitors Journal, associate Ed Patton argues for litigators to adopt a fair approach when it comes to costs litigation through the lens of the recent decision Angela Denise Curtiss and others v Zurich Insurance Plc, East West Insurance Company Limited (in administration  EWHC 1514.
The full article is available to read online at the Solicitors Journal.
Ed is an associate in the commercial litigation team, and has experience advising individuals, partnerships and companies. This includes disputes regarding commercial contracts as well as construction, shareholder and financial disputes.