Where one party was a litigant in person and the other was legally represented, the legal advisers had a duty to inform the court and the other party where a patent mistake had been made. The small claim had been referred to full hearing by mistake and not to arbitration. The claim for andpound;1000 by the LIP was mistakenly tried rather than arbitrated as a small claim, the award of costs against plaintiff should be set aside. It was wrong of a legally assisted party to take advantage.
Thorpe, Mantell LJJ
Times 16-Jul-1998, Gazette 28-May-1998,  EWCH Civ 773
England and Wales
Litigation Practice, Personal Injury
Updated: 19 May 2022; Ref: scu.81137