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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 …
Continue reading "Mediation: Give peace a chance"
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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 …
Continue reading "Injunctions: A test of strength"
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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 …
Continue reading "Civil Procedure: Relief in sight"
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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 …
Continue reading "Costs: In the dock – success fees, ATE premiums and the Human Rights Act"
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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 …
Continue reading "Arbitration: Bound to be friendly"
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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 …
Continue reading "International Dispute Resolution: To boldly go…"
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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 …
Continue reading "Insurance: Funding a losing battle"
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Ron Cheriyan looks at recent developments in flight delay claims ‘With the narrowing of “extraordinary circumstances”, airlines may now struggle to defend a significant proportion of their claims.’First we had road traffic accident (RTA) claims. Next there were payment protection insurance (PPI) claims. The latest compensation frenzy centres on flight delay claims. Air passengers, frustrated …
Continue reading "Aviation: Let’s go fly a kite… on time"
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In her second article Mary Gibbons continues her report on the consequences of NML Capital v Argentina ‘If Argentina chose to make 100% of interest payments due on a particular coupon date, 100% of amounts outstanding on other indebtedness also had to be paid.’ The case of NML Capital, Ltd v the Republic of Argentina …
Continue reading "Banking: Still standing"
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Claire Curtis considers the rise of shareholder activism and how to avoid costly court proceedings ‘Companies which adopt a “head in the sand” approach and fail to actively and positively engage with their shareholders are taking a huge risk, typically one which they cannot afford to take.’ Shareholder activism has been on the rise in …
Continue reading "Corporate: Riding (and surviving) the wave of shareholder activism"
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