132 results
Do Part 36 offers necessarily mean what they say? Bentley Design Consultants v Malcolm Sansom
A recent case, Bentley Design Consultants v Malcolm Sansom, has considered the interaction of the principle of construction of a contract and the procedural code contained in Part 36 of the CPR. The case concerned the proper construction of an offer to settle “the whole of this claim”. At both first more...
14 Sep 2018 10:35
Another upside to costs budgeting? Orders for interim payments on account of costs.Clare Dixon of 4 New Square looks at the impact which costs budgeting has had on interim payments on account of costs and explains why, when an indemnity costs order is made, the budget won’t necessarily be a ceiling to recovery. Victory having been secured in litigation, attention often then turns more...
The perils of non-disclosure: Fundo Soberano de Angola v dos Santos [2018] EWHC 2199 (Comm)
The perils of non-disclosure: Fundo Soberano de Angola v dos Santos [2018] EWHC 2199 (Comm) Overview In a scorching judgment handed down on 16 August 2018, Popplewell J discharged a US$3 billion worldwide freezing order granted on a without notice to the sovereign wealth fund of Angola against the more...
Spoilt for choice? How to choose the right mediator
The choice of mediator will have a direct impact on the prospects of a successful mediation outcome. No mediator can guarantee success, but a good mediator should create an expectation of success. Mediators come in all shapes and sizes with a multitude of different backgrounds, levels of experience more...
3 Aug 2018 10:47
Part 36: no presumption in favour of indemnity costs on late acceptanceJune 23, 2018 Where the defendant accepts a claimant's Part 36 offer after expiry of the 21 day period, many claimants (and legal commentators) have argued that the claimant should be entitled to recover indemnity costs from the expiry of the relevant period, just as they would if the case had gone more...
3 Aug 2018 10:37
QOCS: Costs orders enforceable against damages awards obtained against other defendantsJuly 18, 2018 Where a claimant in a QOCS case sues multiple defendants and recovers damages against one or more of them, any successful defendants with costs awards in their favour can enforce them against those damages, the Court of Appeal has decided - but only if the damages are obtained pursuant more...
2 Aug 2018 12:15
Chambers invites applications for pupillages commencing 2018Chambers intends to recruit one family and one civil pupil to start in November 2018. For further details go to https://applications.pupillagegateway.com/vacancies/view/1414 more...
6 Jun 2018 10:42
Barristers Chambers in LondonLaw Lane Chambers is a modern, diverse, progressive and a rapidly-growing common law set based in the Capital with Barristers that specialises in Immigration, Civil, Commercial, Bankruptcy, Housing, Professional Negligence, Employment, Family and Criminal Law. For More Information on our chambers more...
UNFETTERED DISCRETION TO DETERMINE FUNDAMENTAL DISHONESTY AFTER DISCONTINUANCE
Whether allegations of fundamental dishonesty should be determined after discontinuance is subject to a wide and unfettered discretion of the judge, referable only to the circumstances of the case and the overriding objective. There is no requirement within the rules for there to be exceptionality: more...
14 May 2018 11:15
Third Party Rights in FCA Supervisory Notices: room for more?Shail Patel of 4 New Square considers the decision of the Upper Tribunal in UK Innovative TI Limited v Financial Conduct Authority [2018] UT 0136 (TCC), confirming that third parties have no statutory rights in relation to supervisory notices issued by the FCA. However, with evident dissatisfaction more...
PACE POLANSKI
KHRAPUNOV V. JSC BTA BANK [2018] EWCA 819 In 2005 the House of Lords, by a bare majority, ruled that a claimant who was not prepared to come to England to give evidence at his defamation trial because he feared extradition to another country if he did, could be allowed to give his evidence via a more...
18 Apr 2018 15:23
JSC BTA Bank v Khrapunov & Unlawful Means Conspiracy: The Search for Clarity ContinuesArticle written by Matthew Bradley of 4 New Square on Wednesday 18th April 2018 Introduction The Supreme Court handed down its judgment in JSC BTA Bank v Khrapunov [2018] UKSC 19, the latest in a long line of decisions concerning Mr Ablyazov, on 21 March 2018. The decision will now sit on the shelf more...
Relief from sanctions: 10 top tips
This feels like an appropriate time to reflect on my experiences arguing dozens of these applications in a range of different courts. It has been a little over 4 years since the revision to CPR 3.9 which refined the test for relief from sanctions, and 3 years since the seminal clarification of the more...
Riaz v Ashwood: the latest decision in a cluster of applications by clients seeking disclosure of their former solicitors’ file.
Master James has noted that courts are receiving a large and increasing number of these types of claims; the increase was attributed to a new business model by which new lawyers seek to challenge the deduction by previous solicitors from their client’s damages of a success fee under a post-LASPO CFA more...
Shareholder Protection from Unfair Prejudice: Case and Statute Citator 2018
Shareholder Protection from Unfair Prejudice: Case and Statute Citator 2018 compiled by Andrew Marsden, Barrister Part 30 of the Companies Act 2006 enables a shareholder in a company who is being treated in an 'unfairly prejudicial’ way to seek relief from the court. Typically, these cases involve more...
Commercial Agents: Case and Statute Citator 2018
Commercial Agents: Case and Statute Citator 2018 The terms of the Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053) (as amended) ('the Regulations') implement Council Directive 86/653 [1986] OJ L382/17 ('the Directive'). The Regulations came into force on 1 January 1994 and more...
5 Apr 2018 13:27
COSTS BUDGETINGIntroduction Costs budgeting is plainly important, as I will amplify later, but it is rarely thought to be interesting. However, there is now a fair body of law and practice, and there is some craft in producing, developing and attacking budgets. I will start at the beginning. Costs budgeting more...
Unfinished business: the Qatari commercial dispute that landed a Cayman Islands Judge in conflict
The Privy Council in Almazeedi v Penner and another (Cayman Islands) [2018] UKPC 3 have stressed the fundamental nature of the right to a fair trial by an independent and impartial tribunal. Almazeedi is a working example of how and when a Judge’s decision may be overturned on appeal due to the more...
28 Mar 2018 09:59
Riaz v Ashwood: The latest decision in a cluster of applications by clients seeking disclosure of their former solicitors’ file.Note by Stephen Innes of 4 New Square. The latest decision in a cluster of applications by clients seeking disclosure of their former solicitors’ file. Hat-tip to my colleague Paul Parker of 4 New Square, who appeared for the successful solicitor. Master James has noted that courts are receiving a more...
On brevity
It was the weekend and I found myself sat in a room full of barristers and judges, a little too much like how I spend some of my weekdays. We were gathered for a compulsory training course run by Gray’s Inn for new practitioners (barristers of under four years’ advocacy experience). Most of my group more...
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