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Examining a Potential ‘Counterclaim Gap’ at the Unified Patent Court

IP Watchdog

With the creation of the Unified Patent Court, it was believed that a middle ground had been achieved between the two concepts, but the data shows that a "counterclaim gap" may be emerging.

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Copyright Office Issues NPRM Governing CCB Counterclaims and Related Discovery Requests

IP Watchdog

The proposed rule changes would impact how respondents in CCB actions can assert counterclaims arising out of previous contractual agreements between parties to the action, as well as document production requests related to those counterclaims.

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PROFESSIONAL NEGLIGENCE NEWS 2: HOW TO CALCULATE LOSSES TO A SOLICITOR WHEN OTHERS HAVE DONE THE WORK BADLY

Civil Litigation Brief

The facts are unusual in that damages were assessed in a case where a solicitor had counterclaimed for losses due to inadequate work done by. Here we look at the assessment of damages in a professional negligence/breach of contract case.

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Plumbing & HVAC Expert Witness Case Summary

Expert Witness Blog

Dan King then filed suit for breach of contract to recover the unpaid portion, and Harrison counterclaimed, alleging breach of contract due to faulty workmanship. Harrison refused to pay the full balance, alleging that the work was incomplete or defective. Continue reading

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A COUNTERCLAIM WAS CORRECTLY STRUCK OUT AFTER A CLAIM WAS STRUCK OUT FOR DELAY: “APPROBATING”, “REPROBATING” AND “TECHNICAL WAREHOUSING” CONSIDERED

Civil Litigation Brief

Here we have a case where the defendant unsuccessfully appealed against the striking out of its counterclaim. The claimants had consented to the claim being struck out, on the defendant's application, due to undue delay in the action. The defendant.

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STRIKING OUT FOR DELAY: THE DANGERS FOR A COUNTERCLAIMING DEFENDANT IN LETTING SLEEPING DOGS LIE

Civil Litigation Brief

In Western Avenue Properties Ltd & Anor v SONI & Anor [2024] EWHC 2124 (KB) Master Davison struck out a counterclaim on the grounds of delay. The claim had already been struck out for delay. In these circumstances the principles.

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PROVING THINGS 263: “IT IS A FUNDAMENTAL PRINCIPLE OF LITIGATION THAT A CLAIMANT MUST PROVE THEIR LOSS… THEY MUST ALSO SATISFY THE COURT AS TO THE AMOUNT OF ANY LOSS WHICH THEY HAVE SUFFERED”

Civil Litigation Brief

We are looking at another example here where a counterclaiming defendant adduced no substantive evidence of a claim said to be worth nearly £500,000. . This series has now covered hundreds of examples where litigants have failed to prove their case.