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Georgina Squire looks at recent cases on settlement ‘Where an offer is intended to be conditional upon the conclusion of written terms, the parties should label all their correspondence “subject to contract” until the settlement agreement is signed.’It is widely recognised that the vast majority of cases are resolved before they reach the court doors. …
Continue reading "Settlement: The beginning of the end"
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Andrew Kelmanson provides a timely reminder of the law behind co-defendant costs orders ‘Claimants involved in multi-party litigation may apply to the courts to make discretionary costs orders in circumstances where a claimant succeeds against one or more defendants, but does not succeed against others.’ Alongside determining the liability of the parties to proceedings, courts …
Continue reading "Costs: Sharing the blame"
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Simon Nurney and Gavin Gray explore a recent decision on the question of jurisdiction ‘The Court of Appeal found that the alleged conspiracy was manifestly more closely connected with Russia than with any other place.’ In the recent case of Erste Group Bank AG London Branch v JSC ‘VMZ Red October’ [2015], the Court of …
Continue reading "Forum: Coming out of the cold"
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Geraldine Elliott and Sarah Bishop consider the iniquity exception with respect to the disclosure of privileged documents ‘This decision is a useful illustration of the court’s approach to the iniquity exception where there is prima facie evidence to suggest that a transaction has been entered into with the intention to defraud creditors.’In the case of …
Continue reading "Privilege: Disreputable disclosure"
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David Sawtell reports on a recent case concerning a steadfast notice of discontinuance ‘A waiver of sovereign immunity by submission to the jurisdiction of the court must be irrevocable. It cannot be partial or temporary: it must continue until the proceedings have run their course.’ The story began on 20 September 1948, in the year …
Continue reading "Procedure: A right royal dispute"
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Alex Fox, Chris Hoyer Millar and Clare Arthurs discuss the evolution of offers to settle, Part 44 and changes to Part 36 ‘Coward clearly shows that the courts will approach the question of costs differently according to whether the parties have made a Calderbank offer or a Part 36 offer.’Litigation, we are told, should be …
Continue reading "Part 36: An unsettling time?"
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Davina Bentley and Helen Mulcahy investigate the troubled relationship between social media and civil enforcement ‘A social media platform will be protected from a claim when a defamatory statement is posted on its site, if it is “reasonably practicable” to claim against the author of the defamatory statement.’In this article we discuss various areas in …
Continue reading "Social Media: Anything goes"
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Ryan Deane outlines a recent decision on jurisdiction ‘The English courts seem willing to stretch the concept of proximity in cases where payment under a contract is the characteristic obligation.’ Article 5(1) of EC Regulation 44/2001 (the Regulation) allows a person domiciled in a member state to be sued in another member state ‘in matters …
Continue reading "Jurisdiction: Any time, any place, anywhere"
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Andrew Hearn looks at the availability of Norwich Pharmacal relief for claimants in international cases heard in England It needs to be recognised that the Mackinnon case was decided before the advent of the electronic age and that the typical means by which businesses store information in the 21st century are very different to before.A …
Continue reading "Disclosure: A universal panacea"
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Miranda Whiteley summarises recent guidance on costs from the Technology and Construction Court ‘Proportionality is not all about the relationship between the size of the claim and the claimant’s (or the total) costs bill.’ We have had to wait for nearly two years for some guidance from the courts on the new proportionality test for …
Continue reading "Costs: Less pain more gain"
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