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Sarah Bazaraa looks at the impact of Lucasfilm v Ainsworth The Supreme Court recently handed down its much anticipated judgment in Lucasfilm v Ainsworth [2011] : a case that highlighted difficulty with the practical application of the Copyright Designs and Patents Act 1998 (CDPA) and that forced the judiciary back into the uncomfortable realm of …
Continue reading "Intellectual Property: Episode III – the final showdown"
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Anna Pertoldi and Maura McIntosh contemplate some recent decisions with practical implications for various aspects of litigation including privilege, expert witnesses, and Part 36 offers ‘The dividing line between circumstances where litigation is reasonably in prospect and where it is merely a possibility is not always clear.’A xa Seguros SA De CV v Allianz Insurance …
Continue reading "Update: Hot off the press"
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Richard Marshall and Clare Arthurs weigh up the likely shape and form of the Jackson Reforms ‘Whether or not the Report achieves its aim of promoting access to justice at a proportionate cost remains to be seen, but all practitioners should be aware of the Report’s key points.’ Finally, after all the consultations, committees and …
Continue reading "Procedure: The Jackson juggernaut: all aboard?"
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Rani Mina considers the impact of the new Practice Direction on costs budgets ‘The new Practice Direction may increase the risks that lawyers face as, should the approved costs budget prove to be wide of the mark, they will not only have an unhappy client but could face a claim if the budget was prepared …
Continue reading "Costs: Cutting your cloth"
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David Sawtell looks at recent case law on exaggerated claims ‘There has been a recent, growing trend towards re-opening cases where there is evidence that the judgment or settlement was based on fraudulent evidence.’ Recent cases in the High Court and the Court of Appeal indicate that defendant insurance companies are turning to a range …
Continue reading "Litigation: Playing with fire: meeting suspicious claims head-on"
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Sam Coulthard and Bryony Pawsey investigate whether lawyers’ opinions on legal capacity continue to have any value following a recent Court of Appeal decision ‘In entering into void transactions, the Bank had received no rights at all under the swaps and had thus lost the full amount advanced.’Prudent contracting parties often seek advice from lawyers …
Continue reading "Contract: Never trust a lawyer"
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Nicola Bridge and Michael Ward explore the use and usefulness of freezing orders ‘It is important for practitioners to always keep abreast of such judicial commentary; not least because the pro forma freezing orders found in the Practice Direction to Part 25 and the Court Guides can differ, and are not themselves immune from criticism.’Freezing …
Continue reading "CPR: Coming in from the cold"
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Paul Jonson reviews submissions made to the Jackson review ‘Following Jackson LJ’s Review of Civil Litigation Costs, I anticipate that different success fees will be offered to different types of client, depending on factors such as the type of the claim, the value of the client to the firm and whether the client provides repeat …
Continue reading "Funding: Take a chance?"
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Gary Lawrenson considers the impact of Jones v Kaney ‘In the Supreme Court, the majority decision, led by Lord Phillips, removed experts’ immunity against claims by their clients. Experts can now be sued for breach of contract or professional negligence in relation to their participation in legal proceedings.’In Jones v Kaney [2011] the Supreme Court …
Continue reading "Expert Evidence: Nowhere to hide"
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Kai Struckmann and Genevra Forwood map out the options available to companies unable to pay fines imposed by the European Commission ‘The factors determining the competition fines are the annual value of relevant sales, the gravity and duration of the infringement.’ European Commission fines for infringements of competition law are high. It is no longer …
Continue reading "Competition Law: (Not) breaking the bank"
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