November/December 2014 #58 – Law Journals

Mediation: Give peace a chance

Michelle Knight reports on the rejection of an offer to mediate ‘While BAE’s view of the merits provided some justification for not mediating, other factors showed that BAE was unreasonable in rejecting NGM’s offer to mediate.’Parties to civil litigation should take note of a recent decision in the TCC which considered whether the successful defendant …

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Injunctions: A test of strength

Geraldine Elliott and Sarah Bishop discuss a recent decision looking at the fortification of a cross-undertaking in damages ‘The court must make an intelligent estimate of the likely amount of loss which might be suffered as a consequence of an injunction.’ In Energy Venture Partners Ltd v Malabu Oil and Gas Ltd [2014] the Court …

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Civil Procedure: Relief in sight

Georgina Squire investigates a recent decision dealing with relief from sanctions ‘Practitioners should be adopting a common-sense approach in relation to what amounts to a “good reason” for failing to file and serve an acknowledgment of service on time.’ The recent decision in Hockley v North Lincolnshire and Goole NHS Foundation Trust [2014] is an …

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Costs: In the dock – success fees, ATE premiums and the Human Rights Act

Rebecca Andrews-Walker and Clare Arthurs assess the impact of Coventry v Lawrence ‘Many parties have been asking for an adjournment of the detailed assessment of any additional liabilities claimed until the Supreme Court’s decision in Coventry is known.’ Just as the dust was beginning to settle from the changes to funding and recoverability of costs …

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Arbitration: Bound to be friendly

Daniel Kalderimis and Nicole Evans look at the enforcement of tiered dispute resolution clauses ‘In recent years, English courts have held that parties will be bound by agreements to mediate, provided the process is sufficiently certain.’In a departure from the orthodox English approach, the English High Court recently held that an agreement to participate in …

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International Dispute Resolution: To boldly go…

James Tumbridge considers the impact of the EU-Canada trade agreement on dispute settlement ‘The agreement sets a new standard for investor-to-state dispute settlement (ISDS) procedures. It is hoped it will be seen as an innovation in investment protection.’ The EU-Canada trade agreement (CETA) is going to eliminate nearly all import duties between Canada and the …

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Insurance: Funding a losing battle

David Sawtell reviews the impact of Excalibur ‘Having chosen to leave everything in the hands of Excalibur and Clifford Chance, the funders had to bear the burden of the costs caused to the defendants.’ Litigation funders have an important role to play in commercial litigation. As part of the research for his review of civil …

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