On 1 January 2019, a new Disclosure Pilot Scheme comes into effect in the Business and Property Courts. The pilot represents an attempt finally to kill off the zombie of default standard disclosure: the disclosure model that will not die. Continue reading
In the case of FM Capital Partners Limited v Marino and others, Peter McDonald Eggars QC, sitting as a Deputy Judge of the High Court considered the application of the third respondent, Mr Yoshiki Ohmura, to vary a worldwide freezing order. His judgment considers the definition of assets in freezing orders and in particular in the standard form of freezing order as set out by the Commercial Court Guide and the annex to Practice Direction 25A of CPR. Continue reading
There have been a number of recent cases in relation to security for costs. Continue reading
The recoverability of costs of an inquest as costs of and incidental to subsequent civil litigation (section 51 of the Senior Courts Act 1981) continues to be an area of uncertainty for those representing claimants and defendants. Continue reading
A portfolio litigation funding arrangement enables multiple cases to be funded under a single facility through a streamlined process and on agreed terms. When reading the press or listening to funding focused panels during this year’s conference season, it might seem like portfolio litigation funding arrangements are the new norm. Whilst this may one day be the case for certain types of law firm, in my experience, it is not so in the here and now.
In judgments on consecutive days in October 2018, two High Court judges have made it clear that they will not, without sanction, see their courtroom used for purposes other than the proper adjudication of genuine disputes.
Two of this year’s cases to watch, Hellas (in Liquidation) v Apax Partners and Robert Tchenguiz v Grant Thornton and others (unreported) (in relation to the latter, where the author acted for various of the defendants), have both, coincidentally, been discontinued by the claimants on day four of what were set to be lengthy trials (six weeks and 12 weeks respectively). Continue reading
We are soon to have a new international regime for the enforcement of mediated settlement agreements, which it is hoped will achieve for mediation what the New York Convention has for international arbitration.
The UN Convention on International Settlement Agreements Resulting from Mediation was finally approved in June 2018 by UNCITRAL (the United Nations Commission on International Trade Law). To be known as the Singapore Convention, it is the culmination of nearly four years of negotiations within a UNCITRAL working group, involving representatives from over 85 States and 35 NGOs. It is accompanied by a corresponding Model Law (which replaces the existing Model Law on Conciliation).
I don’t know if it has come across your desk (or pinged up on your email), but there is an important survey being undertaken right now concerning the future role (if any) for factual witness statements in the Business & Property Courts.
Running an action in the multi-track worth less than £10 million but £50,000 or more and you are not a litigant in person? Your case will be subject to costs management under Part II of CPR 3 unless the claimant is a minor, fixed costs apply or “the court otherwise orders”. That means that not later than 21 days before the first case management conference (CMC), budgets must be filed and exchanged, and an agreed budget discussion report filed no later than seven days before the first CMC (see CPR 3.12-13). Continue reading
In Grant v Dawn Meats, the Court of Appeal had to decide if a court imposed stay of proceedings applied to the service of the claim form, as well as procedural steps required to be taken during the stay. Continue reading