When litigation is successful, the winning party will rarely struggle to identify advisors and employees happy to take credit for the outcome. When litigation fails spectacularly, a company’s advisors (and their professional indemnity insurers) may well be less eager to shoulder some or all of the responsibility. Continue reading
Two recent decisions, one in the Court of Appeal and one in the High Court, considered the incidence of costs where it is less than clear who has “won”. Continue reading
In Phonographic Performance v Abimbola Balogun t/a Mama Africa, Miss Penelope Reed QC (sitting in the High Court) determined the defendant’s appeal of Master Price’s refusal to set aside a summary judgment against him. The claim was brought by Phonographic Performance for infringement of copyright – Mr Balogun having allowed DJs to play music at private parties on his restaurant premises. Continue reading
The question of whether a reduction in hourly rates for incurred costs is a good reason to do the same to budgeted costs is a big one at the moment, absent higher court authority. Recently, Master Rowley in the Senior Courts Costs Office (SCCO) had his say, and joined what seems to be the majority view among judges to date that it is not. Continue reading
In May’s blog, we featured the solicitor’s equitable lien following the Supreme Court’s judgment, given on 18 April 2018, in Gavin Edmondson Solicitors Ltd v Haven Insurance Co Ltd. Continue reading
In Su v Clarksons Platou Futures Ltd and another, section 14A of the Limitation Act 1980 was carefully considered by the Court of Appeal. Continue reading
It isn’t often that a fight over £12,000 makes it all the way to Parliament Square and even less so that it leads to the resolution of a fundamental issue in the law of contract, not to mention the frequency with which a lead decision is delivered in fewer than 20 paragraphs. However, Rock Advertising Ltd v MWB Business Exchange Centres Limited was just such a case. Continue reading
Gallons of ink continue to be spilt over the General Data Protection Regulation (GDPR), and its ubiquity has given rise to all sorts of takes, from memes to moans, and the vain cries of practitioners insisting that all those consent emails have got it wrong. Continue reading
New Practice Direction from 25 April 2018
The new Practice Direction on Insolvency Proceedings was published on 25 April 2018 and came into force immediately. Continue reading
The General Data Protection Regulation (GDPR) comes into force tomorrow, 25 May 2018. Setting aside the work that law firms will have to undertake to ensure that they are compliant with the GDPR themselves, I foresee a number of significant impacts for dispute resolution lawyers.
I have touched upon this already, as part of a collective contribution to yesterday’s blog post. Below, I set out in full what I think these impacts are likely to be. Continue reading