May/June 2016 #67 – Law Journals

Enforcement: An island nation

Nicholas Greenwood and Paul Mesquitta examine some of the potential commercial litigation consequences of a ‘Brexit’ ‘Should there be a leave vote, the Brussels Regulations would not apply to the UK, leaving the position and enforceability of judgments by the courts of England and Wales in an EU member state uncertain.’With the referendum for Britain …

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Costs: Secure secrets

Michelle Radom looks at security for costs and the secretive defendant ‘Although a claimant does not have to voluntarily fill in the gaps of a defendant’s knowledge in order to support an application for security for costs, and deliberate reticence is not a breach of the rules, it was held that the court can and …

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Service: First serve

Andrew Cousins highlights the practical lessons to be learned from the recent decisions in Barton v Wright Hassall LLP [2016] and OOO Abbott v Econowall UK Ltd [2016] ‘Service has a number of purposes but the most important is to ensure that the contents of the document served are communicated to the defendant. Service is …

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Litigation: A town called…

In the first of two articles, Ian McDonald and Daniel Cook examine the possible expansion of malicious prosecution ‘Other torts, such as defamation and malicious falsehood, already protect interests of personality, and if the protection they afford proved to be inadequate, a better solution may be to extend their scope rather than to extend the …

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Practice: Abusing the system

Elaina Bailes assesses recent case law on abuse of process ‘It is a difficult message to give to a client that where it is not in the client’s best interest to add parties or claims into the current proceedings, the matter will nevertheless have to be referred to the court if they wish to avoid …

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Part 36: No half measures

Maura McIntosh reports on a recent Court of Appeal decision on Part 36 and split costs orders ‘A claimant who beat its own offer was entitled to all its costs on an indemnity basis, unless that would be unjust.’ The Court of Appeal has overturned an order depriving a claimant of part of her costs …

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Disclosure: Show and tell

Jack Rabinowicz, Rod Cowper and Simon Boschat consider ex parte continuing disclosure obligations ‘There have been a series of cases which have considered the continuing duty of ex parte applicants to disclose material matters to the court as they arise post the making of the ex parte order.’ It is the standard practice in legal …

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Contract: Pride, prejudice and aggregation

David Niven and Elisabeth Mason explore a recent judgment on aggregation ‘Unsurprisingly, claimants and insurers often disagree over the circumstances in which multiple claims should be aggregated.’ The Court of Appeal has ruled on the proper construction of the aggregation clause in the Solicitors’ Regulation Authority’s (SRA’s) ‘Minimum Terms and Conditions of Professional Indemnity Insurance’ …

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Injunctions: The road to East Anglia

Andrew Beck outlines Norwich Pharmacal and explains the two tactical options recently highlighted which can be of both assistance and concern to those within data-sensitive industries ‘Norwich Pharmacal jurisdiction dictates that the applicant must establish that the order sought is necessary to enable it to seek legal redress for a wrongdoing, and that any disclosure …

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Remedies: A helicopter flight from Coventry

Andrew Skelly reviews the jurisdiction to award damages in lieu of an injunction ‘The judgment in Peires arguably marks a departure from the approach in Coventry when applying the balancing exercise between the right of a person to the undisturbed enjoyment of their property against the right of another person to use their own property …

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