We regularly acted on behalf of a large mortgage broking group of companies. In one matter, a competitor brought frivolous local court proceedings against one of those companies. We identified significant pleading and technical errors in their Statement of Claim, such that they were compelled to bring in a further defendant company and then amend their Statements of Claim twice.
As a consequence we secured costs orders against the Plaintiff in our clients’ favour. We then requested more particulars from them as to their last amended Statement of Claim did not comply with the proper legal procedures required. A deed of settlement was entered into between the parties confirming and protecting our client’s position and confirming the costs orders now owed to our client.
Our client’s were very pleased with the result. Often if someone is being sued, they perceive they don’t have many options but to pay. This case shows you in fact have a variety of options and can possibly obtain costs orders in your favour on legal technicalities.