ADR: Mediate and be damned

Clyde & Co LLP | March/April 2015 #60
Neil Jamieson examines the increasing significance of mediation ‘While mediation remains a voluntary process which no party can be compelled to engage in, there is now is an undeniable onus on parties to attempt alternative dispute resolution if they wish to avoid costs sanctions.’Would-be litigants certainly cannot be criticised for approaching the prospect of bringing …

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Privilege: Disreputable disclosure

RPC | March/April 2015 #60
Geraldine Elliott and Sarah Bishop consider the iniquity exception with respect to the disclosure of privileged documents ‘This decision is a useful illustration of the court’s approach to the iniquity exception where there is prima facie evidence to suggest that a transaction has been entered into with the intention to defraud creditors.’In the case of …

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Procedure: A right royal dispute

4 King’s Bench Walk (Chambers of Timothy Raggatt QC) | March/April 2015 #60
David Sawtell reports on a recent case concerning a steadfast notice of discontinuance ‘A waiver of sovereign immunity by submission to the jurisdiction of the court must be irrevocable. It cannot be partial or temporary: it must continue until the proceedings have run their course.’ The story began on 20 September 1948, in the year …

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Part 36: An unsettling time?

Penningtons Manches Cooper LLP | March/April 2015 #60
Alex Fox, Chris Hoyer Millar and Clare Arthurs discuss the evolution of offers to settle, Part 44 and changes to Part 36 ‘Coward clearly shows that the courts will approach the question of costs differently according to whether the parties have made a Calderbank offer or a Part 36 offer.’Litigation, we are told, should be …

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Jurisdiction: Any time, any place, anywhere

Andrews Kurth | March/April 2015 #60
Ryan Deane outlines a recent decision on jurisdiction ‘The English courts seem willing to stretch the concept of proximity in cases where payment under a contract is the characteristic obligation.’ Article 5(1) of EC Regulation 44/2001 (the Regulation) allows a person domiciled in a member state to be sued in another member state ‘in matters …

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Disclosure: A universal panacea

Dechert LLP | March/April 2015 #60
Andrew Hearn looks at the availability of Norwich Pharmacal relief for claimants in international cases heard in England It needs to be recognised that the Mackinnon case was decided before the advent of the electronic age and that the typical means by which businesses store information in the 21st century are very different to before.A …

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Costs: Less pain more gain

Mills & Reeve | March/April 2015 #60
Miranda Whiteley summarises recent guidance on costs from the Technology and Construction Court ‘Proportionality is not all about the relationship between the size of the claim and the claimant’s (or the total) costs bill.’ We have had to wait for nearly two years for some guidance from the courts on the new proportionality test for …

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