“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
This piece does not deal with the costs figures; that is for another piece.
As part of his Supplemental Report on Fixed Recoverable Costs, which will be considered by the Lord Chief Justice, Master of the Rolls and the government, Jackson LJ has proposed a new intermediate track. Continue reading
It is well known that one of our most famous judges, Lord Denning, stood up firmly against anything that might sully the “purity of justice”. Thus the concept of a lawyer sharing the spoils of victory with their client was complete anathema to him, since such an arrangement had the potential to put the professional in a position of being in conflict with the interests of his client. In the context of champerty, he said in his well-known judgment in Re Trepica Mines in 1963: Continue reading
Certainty and predictability are key considerations for any party entering into a commercial contract, and a key factor in this regard is knowing what law will be applied by a court called on to enforce the contract. Certainty as to the applicable law not only enables parties to anticipate how the contractual terms may be interpreted, but also enables them to ensure that the contract complies with any applicable mandatory requirements, so as to minimise the risk of it being unenforceable. Continue reading
Many an insured has come unstuck in pursuit of an insurance claim by finding themselves in breach of a “claims cooperation” clause in their insurance policy. Almost invariably framed as a condition precedent, these are clauses which require the insured to cooperate with insurers in, amongst other things, the provision of information following events giving rise to a claim. Continue reading
I am tasked specifically within our firm to deal with cash flow. An important part of that role is to ensure that we get money in as soon as possible on conclusion of a case.
In recent years I have seen a shift in balance and attitudes towards payments on accounts of costs. There are now fewer challenges by paying parties as to whether a payment should be made; now, it is much more about how much should be paid. Continue reading
One way of mitigating your client’s cost risk in litigation it is defending is to consider making an application for security for costs. Continue reading
As you return to your desks following what was, hopefully, an enjoyable summer, you may be catching up on news items. One noteworthy development that may have slipped under your radar is the news that the Solicitors Regulation Authority (SRA) has issued a warning notice on offensive communications. Continue reading
CPR 36 is the most important rule in the book. Continue reading
It seems that the answer is unclear. Continue reading