March/April 2020 #90 – Law Journals

Search orders: Seek and ye shall find

Stewart Hey, Rhys Novak and Simon Heatley discover new depths in search orders ‘Search orders by their nature are preservatory and the question of the use of preserved material must be raised specifically with the court.’ A search order is perceived to be one of the most, if not the most, draconian orders the court …

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Regulation: Funny money

Keith Oliver, Amy Harvey and Amalia Neenan assess the impact of regulation and civil remedies on crypto-criminality ‘It remains to be seen how these new regulatory efforts will play out in the future, and whether they will have any meaningful impact on curtailing the rapidly increasing level of cryptofraud in the UK.’ 2019 was a …

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Limitation: The need for speed

Andrew Ward, Pierre Welch and Leah Alpren-Waterman track time limits in rail franchise public procurement claims ‘If an unsuccessful bidder in a public procurement process is to be free to challenge the lawfulness of the process while it is ongoing, and to undo the result where appropriate, then it is vital that such challenges are …

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Jurisdiction: A poultry dispute

David Sawtell discusses a free range in the choice of jurisdiction ‘When conducting the enquiry under Art 4(1), the court should carry out an objective assessment of all the factors characterising the contractual relationship and determine which of those factors are the most significant.’ Not all commercial agreements between international parties will expressly state the …

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Funding: Hats off

Michael Taylor, Gawain Moore, Duncan Lole and Gwendoline Davies weigh up a Court of Appeal decision on the adverse costs liability of litigation funders It is possible to imagine circumstances in which application of the Arkin cap might not be considered “just”, even where a funder has funded only a distinct part of a claimants …

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Practice: Your serve

Robert Danvers reports on dispensing with service ‘The court’s acknowledgement of the unconventional methods of service in Lonestar, which included Flickr, LinkedIn, and Facebook Messenger, will evince arguments for the adoption of more technologically sophisticated methods of communication in court proceedings.’ Service of the claim form triggers the court’s jurisdiction and from this date, the …

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