Court of Appeal confirms a party has no duty to point out their opponent’s mistakes

The Court of Appeal has handed down judgment on the circumstances in which a defendant can take advantage of a claimant’s error in litigation, following the High Court striking out a claim in Woodword v Phoenix Healthcare last year where the defendant did not point out the claimant’s invalid service of proceedings.

In this article, Andrew Jones discusses this Court of Appeal decision, its proviso and the implications for insurers and their insureds going forward.

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