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Alison Padfield considers the recovery of the costs of investigating insurance fraud: current routes and proposed reform The only remedy for breach of the duty of good faith is avoidance of the policy, not damages, so the costs of investigating a claim cannot be recovered by that route. According to the United Kingdom’s Insurance Fraud …
Continue reading "Fraud: Bad pennies"
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Clare Arthurs assesses a recent challenge to corporate protection VTB’s original case was pleaded in deceit and unlawful means conspiracy. The judge overturned the permission VTB had obtained (ex parte) to serve proceedings out of the jurisdiction. The expression ‘Piercing the corporate veil’ is a neat turn of phrase, but what does it actually mean? …
Continue reading "Commercial: To pierce or not to pierce? The Court of Appeal protects the corporate veil"
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John Leadley, Nicola Gare and Charlotte Nolan discuss costs and litigation funding It is largely accepted by industry, practitioners, the judiciary and government that the introduction of the access to justice reforms in 1999 tipped the balance too far in favour of claimants. The long-awaited costs reforms brought about as a result of Lord Justice …
Continue reading "Funding: Back to the future: costs reform"
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Greg Standing and Ian Weatherall argue that civil restraint orders are a valuable weapon in the litigators armoury ‘If strike-outs of a vexatious or habitual LIP’s claims, coupled with costs sanctions against it, have failed to deter the LIP from issuing further claims, consideration should be given to applying for a Civil Restraint Order.’ According …
Continue reading "Procedure: Out of court"
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Nick Rowles-Davies examines the views of the Institute for Legal Reform’s views on the English and Welsh third-party funding market ‘In recent months, the ILR has focused on the English funding world and attempted to derail the Code of Conduct put forward as the necessary framework for self-regulation of litigation funders.’ Now that the Liberal …
Continue reading "Costs: The cost of everything"
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Alexander Fox and Clare Arthurs look at the implications of GHLM Trading v Maroo ‘Newey J held that much as a trustee must show what he has done with trust property, “it is incumbent on a director to explain what has become of company property in his hands”.’ Corporate governance and directors’ duties are hot …
Continue reading "Directors: Doing your duty"
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Nicola Bridge, Joel Seager and Guy Francis discuss the pitfalls and solutions surrounding document retention ‘Case law provides a number of cautionary tales for lawyers who fail to properly advise their clients about their obligations in the disclosure process.’ Creating an effective document retention policy can be an expensive and time-consuming exercise for firms, especially …
Continue reading "Discovery: Paper chase"
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Martin Meredith assesses the impact of AMP v Persons Unknown ‘This was not a freedom of the press case, but concerned the rights of unknown persons to receive and impart information over which AMP had a right to privacy.’ The case of AMP v Persons Unknown [2011], heard before the Hon Mr Justice Ramsay, may …
Continue reading "Confidentiality: Shadow boxing"
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Andrew Emery considers the vexed question of service outside the UK ‘It is clear that if litigation is commenced in the face of a foreign jurisdiction clause, a party who wants to litigate in England (in breach of the clause) will have to demonstrate that there is a strong cause for keeping the proceedings in …
Continue reading "Services: Staying in touch"
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Phil Sherrell, Luke Arbuthnot and Astrid O’Reilly review the Supreme Court decision in Flood v Times Newspapers ‘To require journalists to become judge and jury before they can even report the mere details and fact of an investigation would be to redefine the journalist’s role and risk undermining the criminal justice system.’ The Times has …
Continue reading "Privilege: Noah and the Flood"
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