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James Morrison outlines a recent application for security for costs ‘The one-page summary filed by the defendant gave no indication of hourly rates or time allocated between different fee earners: fundamental shortcomings in the view of the court.’In Agents’ Mutual Ltd v Gascoigne Halman Ltd (t/a Gascoigne Halman) [2016], the defendant sought additional security for …
Continue reading "Practice: Costly estimates"
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In the second of two articles, Ian McDonald and Daniel Cook conclude their consideration of malicious prosecution ‘The Supreme Court had to determine whether the tort is available only in respect of the malicious prosecution of criminal proceedings and certain limited types of action, or whether its scope extends to the malicious prosecution of civil …
Continue reading "Practice: Malice in wonderland"
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Rick Brown and Victoria Cowan examine recent case law on security for costs post judgment ‘Republic of Djibouti is important for all commercial litigators, especially those acting on behalf of defendants, as it clarifies the circumstances in which further security for costs may be awarded post judgment.’Security for costs orders are regularly sought at an …
Continue reading "Costs: Show me the money"
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Rustam Dubash and Clare Arthurs consider the conclusions of the Briggs Review ‘The most significant concern is the lack of adequate access to justice for ordinary individuals and small businesses.’ Briggs LJ described the purpose of his recent Civil Courts Structure Review as (1.3): … to identify how best by structural change to preserve the …
Continue reading "Insights By Penningtons Manches: Perfect harmony?"
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Khawar Qureshi QC reports on the success of the UK Bribery Act 2010 five years on ‘A very significant provision is contained in s7 which criminalises the failure of commercial organisations to prevent bribery – but provides a defence if the organisation can prove it had “adequate procedures designed to prevent persons associated” with it …
Continue reading "Bribery Act: Airbusted?"
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David Sawtell looks at how technology might help with e-disclosure ‘A party or a fee-earner considering computer-assisted review should appraise the different available products on the market, as well as develop an awareness of the statistical issues involved.’The proliferation of electronic documents has increased the workload and cost associated with disclosure. The use of technology …
Continue reading "Disclosure: A binary breakthrough"
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Sandra Paul presents a legal guide through the headline trial of the year ‘Helen Titchener was charged with grievous bodily harm with intent and attempted murder. The storyline dragged The Archers, kicking and screaming, out of the cosy portrayal of rural little Britain into the limelight of current issues.’Only those of the most Luddite disposition …
Continue reading "Trial: Ambridge awareness"
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Khawar Qureshi QC reports on the success of the UK Bribery Act 2010 five years on ‘A very significant provision is contained in s7 which criminalises the failure of commercial organisations to prevent bribery – but provides a defence if the organisation can prove it had “adequate procedures designed to prevent persons associated” with it …
Continue reading "Bribery Act: Airbusted?"
This post is only available to members.
David Sawtell looks at how technology might help with e-disclosure ‘A party or a fee-earner considering computer-assisted review should appraise the different available products on the market, as well as develop an awareness of the statistical issues involved.’The proliferation of electronic documents has increased the workload and cost associated with disclosure. The use of technology …
Continue reading "Disclosure: A binary breakthrough"
This post is only available to members.
Sandra Paul presents a legal guide through the headline trial of the year ‘Helen Titchener was charged with grievous bodily harm with intent and attempted murder. The storyline dragged The Archers, kicking and screaming, out of the cosy portrayal of rural little Britain into the limelight of current issues.’Only those of the most Luddite disposition …
Continue reading "Trial: Ambridge awareness"
This post is only available to members.
