Litigation behaviour

It’s much better to engage

The recent case of Kupeli and others v Sirketi (t/a Cyprus Turkish Airlines) serves as a timely reminder (if one were needed) of the dangers involved in parties failing to properly engage with the process and conducting litigation in an uncompromising manner.

In this case the Defendant was accused of failing to answer pre action correspondence, failing to provide proper disclosure of documents, putting forward confused and confusing evidence and rejecting out of hand attempts by the Claimant to settle the proceedings.

When the matter finally came before the court, the judge was less than impressed. She said that the case “was crying out for some sensible attempt at negotiation “.

Despite attempts at explanation by the Defendant the judge penalised the defendant by making an adverse costs order against it.

It is often the case in litigation that parties try and act “tough”. There is nothing wrong in adopting a firm stance if the circumstances justify it but beware of crossing the line and straying into the realms of unreasonable behaviour. It could just come back to bite you as it did in this case.

Ballantyne Grant is a specialist litigation practice. If you require any advice on any issue arising from this article please contact Andrew Grant on 01244 394 230.

This article is for general interest only. It is not intended as specific legal advice.

negotiation