REUTERS | Jorge Silva
October 13, 2017

Paying costs of the detailed assessment: is a Calderbank offer better than Part 36?

REUTERS | Dinuka Liyanawatte
October 11, 2017

Expert Witness Institute Annual Conference 2017: Inside out, upside down, experts under pressure

The late Joe Jamail, formerly the wealthiest practising lawyer in the USA, is credited with the observation that “any good trial lawyer knows that if you’ve got one credible expert or scientific study, then you can let the jury decide.” He would have been in luck at this year’s Expert Witness Institute (EWI) annual conference, which was held on 21 September 2017 at Church House in London, where there were experts aplenty. The theme: Inside Out, Upside Down, Experts Under Pressure. Continue reading →

REUTERS |
October 10, 2017

Disputing rights against insurers

Following the judgment of the Technology and Construction Court (TCC) in BAE Systems Pensions Funds v Royal and Sun Alliance Insurance plc and others in July, it appears that a potential dispute as to coverage is not a blocker to an insurer being joined into proceedings under the Third Parties (Rights Against Insurers) Act 2010. What does this mean for those of us either bringing or defending such proceedings? Continue reading →

REUTERS | Toby Melville
October 6, 2017

Budgeting: a good reason to depart?

In the past, perhaps the mention of costs budgeting itself was good reason for many a law practitioner to depart hastily from a conversation. However, this complex issue has been further complicated by the inevitable fall-out of the decision in Harrison v University Hospitals Coventry & Warwickshire NHS Trust, where the Court of Appeal determined that upon detailed assessment, you need a good reason to depart either upwards or downwards from an approved costs budget. The issue of what constituted “good reason” has already sparked much debate following this decision. Continue reading →

REUTERS | Kacper Pempel
September 25, 2017

Third party funding: surveying the field

Over recent years, third party funding has established itself as an enabler and driver of litigation. It is, of course, on the “menu” of funding options that solicitors are under a duty to advise their clients to consider. It is also a factor that is expected to contribute to the healthy litigation environment referred to by the Lord Chief Justice, Lord Thomas of Cwmgiedd and (former) Lord Chancellor, Liz Truss, in their stated aim to “maintain… Britain’s reputation as the best place in the world for court-based dispute resolution.” Continue reading →

REUTERS | Nacho Doce
September 22, 2017

Perjury on an industrial scale: contempt of court update

“This is perjury on an industrial scale”, held Supperstone LJ in July 2017, when he sentenced seven defendant expert witnesses to prison for contempt of court for fabricating evidence, in Accident Exchange Limited v Broom. The case is one of the most complex and longest running contempt trials in history. So, what was the case about and is there anything we can learn from it? Continue reading →