When is it too late for a claimant to bring a claim in equity? This is a question which many practitioners understandably find difficult to answer. The question may depend on whether a statutory limitation period applies (directly or by analogy), or on the equitable principle of laches, which prevents a claim from being brought after a prejudicial or unconscionable delay. Unfortunately, suggestions for reform of this area of law have not yet been acted upon. Continue reading

Michael Dalder
REUTERS | Michael Dalder

“If an expert says it can’t be done, get another expert.” So David Ben-Gurion, primary founder of the state of Israel and its first Prime Minister is said to have stated. It would be interesting to know how this notion would have been received at the Expert Witness Institute’s (EWI) Annual Conference 2016, which was held at Church House, London, on 29 September 2016. Continue reading

Mohamed Nureldin Abdallah
REUTERS | Mohamed Nureldin Abdallah

The widely reported chief Chancery master’s decision in Signia Wealth Ltd v Marlborough Trust Company Ltd & another indicates a marked departure in approach by the court from the early days of the Jackson reforms and costs budgeting. Continue reading

Heinz-Peter Bader
REUTERS | Heinz-Peter Bader

The Late Payment of Commercial Debts (Interest) Act 1998 (the Act) operates to insert an implied term in business to business contracts for the supply of goods and services for interest on a qualifying debt, plus an additional fixed sum. Continue reading

Michaela Rehle
REUTERS | Michaela Rehle

Most of us are, by nature, creatures of habit (lawyers perhaps more so than others). Our particular habits are generally harmless. It is unlikely that anyone will be adversely affected if you always go to the same coffee shop for your morning coffee, or always use your childhood pet’s name as your password. But it seems that, when it comes to drafting claims, some lawyers have a habit that isn’t entirely innocuous. Continue reading

Yuriko Nakao
REUTERS | Yuriko Nakao

In Fujifilm Kyowa Kirin Biologics v Abbvie Biotechnology Ltd, Arnold J considered the court’s jurisdiction to grant a domestic anti-suit injunction in circumstances where there is no contractual bar to a claim, such as an arbitration clause or an exclusive jurisdiction clause in favour of the courts of another jurisdiction; in other words, quite unusual circumstances. Continue reading

Radu Sigheti
REUTERS | Radu Sigheti

It is nearly one year since the introduction of the Shorter and Flexible Trials Pilot Schemes in the Rolls Building courts. Practical Law Dispute Resolution editor, Beverley Barton, asked Mr Justice Birss, who has taken an active role in developing the schemes, for:

  • An update on how the schemes are working.
  • How they might be developed.
  • Why practitioners should consider using them. Continue reading
REUTERS | Beawiharta

Amid the currently crowded landscape of reform processes and proposals affecting the civil justice system in England and Wales, one set of reforms, that has perhaps stayed further below the radar than might have been expected, are the proposals aimed at addressing the serious delays being experienced in the Court of Appeal’s Civil Division. Continue reading