REUTERS | Ognen Teofilovski
February 15, 2019

The beginning of the end for blanket non-admissions?

REUTERS | Ognen Teofilovski
February 15, 2019

The beginning of the end for blanket non-admissions?

When the CPR were introduced they changed the rules about the content of a defence. Under the former Rules of the Supreme Court it had been possible to put a claimant to proof of everything in the particulars of claim by means of a general “traverse”. Some readers may feel that they have never seen a general “traverse”, but they will undoubtedly have seen the standard provision near the start of many defences that is the residue of the old practice. A classic such provision would state that throughout the defence where a matter is neither admitted nor denied, the claimant is required to prove it. Continue reading →

REUTERS | Hannah Mckay
February 7, 2019

The year of the e-bill: a reflection on the introduction of the electronic bill of costs in 2018 and a look forward to the automated future of legal costs

After a voluntary pilot period and a delayed implementation date, the electronic bill of costs was formally introduced in April 2018. With it came a general confusion and steep learning curve that we have not experienced in the legal costs profession since the 2013 Jackson reforms. As a so-called “millennial” and recently qualified costs lawyer, there was certainly pressure to get on the e-bill train and champion the new systems and technology-based approach. However, as with most things, the reality is that change still takes time. Continue reading →

REUTERS | Carlo Allegri
February 4, 2019

It takes three to agree: time extensions and Commercial Court protocol

In Griffin Underwriting Ltd v Varouxakis (Free Goddess), the parties agreed a litigation moratorium following the filing by the defendant of an acknowledgment of service indicating that he intended to contest jurisdiction. At the time of entering the moratorium, the defendant had one day left in which to bring his challenge. Continue reading →

REUTERS | Ricardo Moraes
February 1, 2019

Litigation funding and insurance: avoiding rogue players

In any financial services sector, you will find a spectrum of companies with different credentials. At one end of the spectrum there will be legitimate entities, highly experienced companies serving the needs of their client base and moving the industry forward. However, at the other end there will be those less credible outfits that can damage client confidence and cast a shadow over the industry. Continue reading →

REUTERS | Mike Blake
January 25, 2019

Wolff v Trinity Logistics USA Inc: the implications for civil appeals

I recently acted as junior counsel in Wolff v Trinity Logistics USA Inc, where the Court of Appeal considered the circumstances in which a respondent to an appeal requires permission to run a defensive case. The issue arose in the following context: Trinity USA’s claim against Mr Wolff in procuring breach of contract succeeded at first instance, but its claims in conspiracy, conversion and deceit were dismissed by Sara Cockerill QC (sitting as a Deputy Judge of the High Court). Mr Wolff appealed against the judge’s decision on procuring breach of contract and Trinity USA sought to challenge the dismissal of its claims in conspiracy and conversion. Continue reading →