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Dick Warner looks at recent case law on awards of costs following discontinuance of proceedings ‘The terms of r38.5 CPR were such that the discontinuance of the main action would not affect any proceedings relating to costs, but when considering an application under r38.6 CPR, the court would place weight on whether or not the …
Continue reading "Costs: Giving up gracefully"
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Johnathan Payne and Richard McKeown assess the impact of Edwards-Tubb v Wetherspoon ‘It has long been recognised that the courts could make conditional orders where the party sought to substitute an expert who had been named within proceedings.’ Litigators should be aware of the Court of Appeal’s recent judgment in the case of Edwards-Tubb v …
Continue reading "Procedure: Making your mind up"
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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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Richard Power and Louise Trotter examine the response of the European Commission and the English Courts to West Tankers ‘The effect of West Tankers is that the courts of the arbitral seat are precluded from issuing an anti-suit injunction restraining proceedings being pursued in another member state.’ The European Commission (the Commission) has published a …
Continue reading "Arbitration: Turning the tanker around"
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James Thackray considers recent cases about freezing orders ‘Practitioners would be well advised to carefully consider the exact formulation of the freezing order sought on the initial application; consider if your client might need to seek disclosure of trust assets held by the defendant and how to ensure the additional wording is included in the …
Continue reading "Enforcement: Increasing use of judicial discretion?"
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Antony Woolich and Joseph Botham analyse the impact and effect of the new rules on horizontal co-operation agreements ‘The Commission considers certain restrictions imposed by the IE to be restrictive by object. For such restrictions it may be especially difficult to argue that the criteria for exemption apply.’ The European Commission (the Commission) adopted new …
Continue reading "Competition: New guidelines on horizontal co-operation agreements"
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Peter Dodge discusses the potential for increased litigation and the themes that may emerge ‘Uncertainty tends to produce litigation. When the courts clarify principles of law, experienced litigants such as lenders and insurers can then compromise claims on the basis of that clarification.’ It is a truism that cyclical falls in property prices following periods …
Continue reading "Fraud: A breaking wave?"
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Karishma Jasani Paroha, Gareth Cremen and Michael Judin investigate product liability legislation in South Africa ‘Consumers will be entitled to rely on the fact that consumer products will be reasonably suitable for the purposes that they were originally intended for, and will be of good quality, in good working order and free of defects.’ The …
Continue reading "Product Liability: UK and South Africa compared"
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Michael Isaacs looks at how collective consumer claims may work under the enhanced powers given to the FSA in October 2010 by the Financial Services Act 2010 ‘The government view is that the best approach is a regulator-led one, on a sector by sector basis, and financial services is the guinea pig. The approach was …
Continue reading "Financial Services: Let’s get together"
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