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Adam Forster examines a case with many lessons for practitioners ‘Omissions from the pleadings can have serious consequences, and the court will (or, at least, should) confine its consideration to the pleaded cases.’ The Court of Appeal has recently handed down judgment in the case of Credit Suisse AG v Arabian Aircraft & Equipment Leasing …
Continue reading "Procedure: Skeletons in the cupboard"
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Maura McIntosh reviews on a recent decision dealing with costs sanctions and Part 36 ‘The present decision suggests that the court may be less likely to order the new sanction where a claimant’s Part 36 offer is made very late in the day.’In the first case we have seen addressing the new costs sanction introduced by the …
Continue reading "Part 36: Last chance saloon"
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Clare Arthurs and Phillip D’Costa find out about recent developments in privilege ‘Tchenguiz provides some useful guidance as to how litigation privilege will be applied by the courts.’ Legal professional privilege attracts its fair share of judicial and public attention. Broadly speaking, it protects confidential communications between a lawyer and client from disclosure, in order …
Continue reading "Privilege: Litigation privilege – the dominance matrix"
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David Sawtell focuses on a recent application for summary judgment ‘From the true measure of the affection of the parties, the status of the Egham property, to the involvement of Mr Baxendale-Walker in the various legal entities referred to in the case, there were a number of different points that could have some material bearing …
Continue reading "Summary Judgment: Hot cross bun(ny)"
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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 …
Continue reading "Practice: If at first you don’t succeed, don’t try again?"
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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 …
Continue reading "Guarantees: Satisfaction guaranteed?"
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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 …
Continue reading "Enforcement: Coming out of the cold"
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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 …
Continue reading "Reform: Costing ‘plebgate’"
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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 …
Continue reading "Procedure: The price of everything"
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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, …
Continue reading "Costs: Counting the judicial cost"
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