September/October 2013 #51 – Law Journals

Practice: If at first you don’t succeed, don’t try again?

Robert Salis and David Sawtell review estoppel and res judicata ‘What the courts are concerned with when considering cause of action estoppel and issue estoppel is a narrower decision based on a substantive rule of law.’ Issue estoppel, cause of action estoppel and res judicata are often discussed but rarely defined. To a defendant, they …

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Guarantees: Satisfaction guaranteed?

Rod Cowper examines recent approaches to the interpretation of guarantees ‘The only practical guidance that can be offered is that those having the benefit of a guarantee of a contract which is to be amended substantively ought to ensure that the guarantor is made aware of and consents expressly to the variations.’ Although judicial piercing …

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Enforcement: Coming out of the cold

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Morten Frank and Gregers Gam outline the Danish approach to the recognition of foreign judgments ‘As a starting point, judgments only have legal effect in the jurisdiction in which they were rendered; public international law does not provide a legal foundation for recognition of judgments from other jurisdictions.’ Traditionally, Denmark has not recognised foreign judgments …

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Reform: Costing ‘plebgate’

Julia Staines and Adam Welsh look at the costs of budgetary non-compliance ‘The underlying message from Mitchell and Henry is that the rules relating to costs budgets should be followed.’ In November 2008, Sir Anthony Clarke (then Master of the Rolls), appointed Lord Justice Jackson to review the cost of civil litigation, and to make …

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Procedure: The price of everything

Daniel Butler and James Whittaker discuss recent case law on case management ‘If a successful party concludes the litigation within the limits of the approved budget, there will not be a requirement for a later detailed assessment given that costs had already been approved by the court.’ The Jackson reforms promised new robust procedures on …

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Costs: Counting the judicial cost

Dan Carnall offers an overview of recent case law on cost budgeting ‘The judicial guidance highlights the importance and benefits of accurate budgeting, confirming that it is vital to remain vigilant throughout the life of a case and continually monitor each element of the budget.’The Jackson reforms introduced new rules providing courts with the ability, …

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Limitation: Challenging cases

Joanna Ludlam and Ben Ko consider recent guidance on limitation and judicial review claims ‘It is clear that the mischief the majority sought to guard against was instances of individuals seeking to avoid the real substance of regulatory decisions against them by making applications for judicial review to challenge such decisions on a procedural basis.’ …

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