July/August 2019 #86 – Law Journals

Freezing orders: I ain’t got nobody

Rachel Elgar explains the ‘push payment fraud’ and how pursuing injunctions against ‘persons unknown’ can prove effective ‘As well as following any internal incident management regime, victims of fraud should immediately notify the police. They may be able to recover any stolen monies and potentially take criminal action against the fraudsters.’ Payments are described as …

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Mediation: Taking the high road

Peter Hirst and Anne Kentish digest a new report on mediation ‘Parties are often obliged to use mediation, or the courts pressure them into doing so.’ The Scottish government has just published a wide-ranging and informative report on mediation as it is practised across the English-speaking world: An International Evidence Review of Mediation in Civil …

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Insights by Penningtons Manches Cooper: Hit for six?

Clare Arthurs and Nicole Finlayson reveal the disclosure pilot scheme in practice ‘It is clear that in proceedings where an order for disclosure was made under Part 31 before 1 January 2019, practitioners will need to apply the pilot scheme rules in PD 51U to any subsequent applications for disclosure.’ As we write this column, …

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Procurement: Too hot to handle

James Falle reviews the avoidance of procurement challenges ‘The authority needs to pause first. Perhaps rather than simply writing to the claimant, notifying a decision to abandon, it needs to consider negotiating. It could seek to agree the terms on which it pulls the procurement.’ When faced with a challenge to their procurement decisions, public …

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Procedure: To err is human

Andrew Jones measures the minefield of mistakes ‘The High Court judge found that the overriding objective under the CPR did not mean there is a duty to point out the other side’s mistakes, and did not amount to “technical game playing”, unless there is a genuine misunderstanding between the parties regarding a significant matter to …

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Jurisdiction: Three wheels on my wagon

Cécile Perrault outlines judicial treatment of the three-limbed test to challenge jurisdiction ‘The Court of Appeal found that although the first instance judge had not applied the required three-limbed test, they had applied a test consistent with the views expressed in previous Supreme Court judgments. Hence, the appeal was dismissed.’ In Kaefer Aislamientos SA de …

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Collective actions: The power of plastic

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Nicola Boyle and Lucy Rigby discuss the application for a collective proceedings order against Mastercard ‘The Court of Appeal’s April 2019 ruling represents in many respects a significant departure from the narrower standards set down in the tribunal’s judgment and for this reason is to be considered a landmark ruling in the context of the …

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Costs: Cool calculations

Martyn Griffiths reports on a recent decision on proportionality ‘The judge warned against adopting too client-centric an approach to proportionality, finding that it is necessary to give “due weight” to costs figures which have been professionally compiled.’ In Malmsten v Bohinc [2019] Marcus Smith J addressed the approach to be taken by a judge when …

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