Remoteness: The primrose path

Michael Ward reflects on recovery under cross-undertakings in freezing injunction cases ‘If Transfield Shipping applies to cross-undertakings in damages (CUD) inquiries, it would raise the possibility in some cases of a claimed loss being foreseeable under the orthodox approach but still ultimately irrecoverable on remoteness grounds.’Cross-undertakings in damages (CUDs) are given by an applicant for …
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Part 36: Rating the offer

Tom White and Claire Curtis report on the effect of currency fluctuations on Part 36 offers ‘The only reason that Novus “beat” its own offer was not because it had recovered a higher proportion of its claim, but because the value of sterling had fallen significantly against the dollar.’Part 36 is intended to provide a …
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Insights By Penningtons Manches: The future’s bright

Clare Arthurs and Richard Marshall take a view on the direction of reform ‘The reforms to the civil courts will move away from “combative hearings”, offering instead a number of options: dispassionate evaluation, followed by negotiation, conciliation, mediation or a tailored, issues-based hearing.’ This time last year, we were reeling from Jackson LJ’s proposal to …
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Practice: For your eyes only

Andrew Beck and Gwendoline Davies return to update the law and practice of legal advice privilege and litigation privilege ‘When faced with a request for information or a request for disclosure, it is no longer sufficient for a party to simply shout privilege in an attempt to justify a refusal to respond.’In January 2016 we …
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Costs: A fair exchange

Maura McIntosh summarises a currency-sensitive judgment ‘It followed as a matter of logic, the judge said, that where the court made an order in sterling it ought to have power to compensate the receiving party for any exchange rate loss.’When assessing the costs to which a German claimant was entitled on having succeeded in its …
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Injunctions: Let me know before you go go

David Sawtell assesses the utility of notification injunctions ‘An applicant who has successfully obtained a notification injunction should be ready to apply back to court for a full freezing injunction if they are notified or become aware of a transaction or transactions that will damage their position.’ In Holyoake v Candy [2016] Nugee J gave …
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Privilege: Keeping secrets

Paolo Sidoli looks at a reassertion of privilege by the Court of Appeal ‘A client must be confident and certain that what they tell their solicitor will remain between them and the adviser.’In Avonwick Holdings Ltd v Shlosberg [2016], the Court of Appeal considered whether privilege attaching to a bankrupt’s documents constituted property which vests …
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