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Mark Surguy looks at the costs consequences of not quite winning The trial judge decided that that the notion of ‘success’ depended on who was paying money to whom at the end of the case. He did not think that the claimant had exaggerated his case and felt he had reasonably relied on expert evidence. …
Continue reading "Costs: It’s not winning but taking part that counts"
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Julian Chamberlayne and Kerie Receveur review recent case law on retrospective and discounted conditional fee agreements Following Birmingham City Council v Forde [2009] and Gloucestershire County Council v Evans [2008], which respectively held that retrospective CFAs and discounted CFAs were not contrary to public policy, we have waited many years for decisions applying the principles. …
Continue reading "Fee Agreements: Cheap at half the price"
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David Sawtell reports on the impact of Fairclough Homes on applications to strike out It would only be in a very rare case where, at the end of a trial, it would be appropriate to strike out a case rather than dismiss it on the merits. The purpose of striking out a claim was to …
Continue reading "Procedure: Lucky strike"
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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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Anthony Greenwood and Leanna Mailer report on the recent decision in Kingspan v Borealis ‘It is fair to say that the judge was not impressed by Kingspan’s “scattergun” approach. He observed that “the claim for misrepresentation as pleaded appears to cover practically everything said by Borealis to the claimants about Borecene over an extended period”.’The …
Continue reading "Contract: Light work"
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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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