March/April 2018 #78 – Law Journals

Insights by Penningtons Manches: In the ring

Clare Arthurs and Nicole Finlayson look at litigants in person and service by email ‘Mr Barton‘s case at first instance was that he had complied with the rules because Berrymans‘ email correspondence with him amounted to an “indication“ under CPR PD 6A.4.1 that they would accept service by email.‘ Litigants in person do not have …

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Construction: Dubious drafting

Sapna Garg examines a recent case on contractual interpretation ‘What can we take from this case? It is a trite point, but surely there is no clearer illustration of how failing to draft a contract clearly and unambiguously can land the parties in a lengthy and costly dispute.‘ At the start of a new business …

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Part 36: Proceed with caution

Maura McIntosh offers a useful update on dealing with CPR Part 36 ‘If you want to preserve any costs protection of an earlier offer, do not suggest in a subsequent offer that the costs consequences will run only from that offer.‘ This article considers a number of practical points arising from four recent decisions relating …

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Abuse of process: Hot under the collar

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Kate Raybould assesses an application to strike out a claim ‘The assessment of the claimant‘s alleged procedural failures is arguably generous, and it is difficult to imagine the court would have reached the same conclusion had the claimant been represented.‘ The High Court has recently given its judgment and a helpful review of the authorities …

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Arbitration: Running out of gas

Elizabeth Wiggin and Jonathan Wood weigh up the effect of third-party funding on arbitration awards ‘The judge first considered whether the defendant‘s s70(7) application should be granted had the claimants not had third-party funding. The judge then went on to consider whether the fact that the claimants had third-party funding made any difference to the …

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Disclosure: Policing policies

Martin Cox reports on pre-litigation access to insurers and their policies ‘Why make directions and provide significant cost budgets relating to points of quantum issues that may prove irrelevant because the uninsured or under-insured opponent cannot meet the judgment subsequently made?‘ In the recent High Court decision of Peel Port Shareholder Finance Company Ltd v …

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Notification clauses: Warranty and peace

Gwendoline Davies explains why notifying contractual warranty claims can be a particularly tricky business ‘The purchaser‘s letters did not constitute valid notification of a claim because, without identification of the specific warranties alleged to have been breached, they did not set out the legal grounds for a claim.‘ In recent years, the UK courts have …

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Costs: Sea of adversity

James Whitaker reflects on adverse costs orders ‘If the non-party not only funds, but also controls or stands to benefit from the proceedings, justice will ordinarily require that the non-party pays the successful party‘s costs if the funded party fails.‘ An adverse costs order is but one of the risks parties to litigation run. That …

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