September/October 2017 #75 – Law Journals

Insights By Penningtons Manches: Costs crusade

Richard Marshall, Clare Arthurs and Nicole Finlayson look at Jackson LJ’s recent report ‘If we want to avoid wholescale fixed recoverable costs, we need to keep working with the costs management process, and engage with the other proposals that Jackson LJ sets out.’ On 21 July 2017, Jackson LJ published that essential summertime reading, his …

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Reform: Size matters

Fiona Simpson examines the merits of the Shorter Trials Scheme ‘The Shorter Trials Scheme (STS) will not usually be suitable for cases involving allegations of fraud/dishonesty, requiring extensive disclosure and/or reliance on extensive witness/expert evidence, or involving multiple issues/parties.’ In September 2015 the Shorter Trials Scheme (STS) was introduced to run as a pilot from …

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Practice: Don’t be late

Sarah McCann reports on a recent application for relief from sanctions ‘At least insofar as the breach relates to costs budgeting, the emphasis appears to be squarely on considering the just outcome in all the circumstances.’ Much has been written about the court’s discretion to grant relief from sanctions pursuant to CPR 3.9 over recent …

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Costs: Keep it in proportion

Gwendoline Davies and Claire Acklam make sense of the rules and recent case law on proportionality of costs ‘Even if costs are reasonable this does not mean that they will necessarily be proportionate. The court must identify which of the factors listed in CPR 44.3(5) are relevant to the case and relate them to a …

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Brexit: Courting Europe

Tom Snelling and Lauma Skruzmane continue their examination of litigation after Brexit ‘It is inevitable that uncertainty will arise before the courts of England and Wales because it is not clear when exactly the applicable legal regime for choice of court clauses will change.’ In our previous article (‘Climb every mountain’, CLJ74), we examined how …

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Privilege: Accidents will happen

Susan Rosser and Jonny Cohen consider a recent case of accidental disclosure ‘When a document is disclosed which is, on its face, privileged, it falls to the inspecting party to determine whether the document has been disclosed in error or whether privilege has been deliberately waived.’ In the recent case of Atlantisrealm Ltd v Intelligent …

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Indemnities: Expensive conventions

Russell Hill and Oliver Ward-Jones discuss the liability of office holders for costs in CFA cases ‘While there was no contractual justification for going outside the terms of the conditional fee agreement (CFA) and making it subject to any contrary terms, there was ample evidence of a shared common understanding that was acted upon by …

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Injunctions: Glacial globe trotting

Gareth Keillor and Tom Brown review the test for establishing the existence of assets for freezing injunctions ‘The court does not wish to act for no reason, so will not grant an order if there are no assets upon which the injunction could bite.’ In the recent case of Ras Al Khaimah Investment Authority v …

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