Practical Law

On 10 April 2018, President Donald Trump tweeted “Attorney-client privilege is dead!” This was not the President’s deep analysis of the state of legal professional privilege (LPP) but a reaction to the raid on the offices of one of his former lawyers and the seizing of a quantity of documentation.

Damages-based agreements (DBAs) were first introduced in 2013 but the take up has been very limited. As a result, it is very rare to find mention of a DBA in a law report but, as a recent decision has considered one, it is time to highlight another possible problem with DBAs.

What can the recently re-launched Adjudication Scheme for Professional Negligence Claims offer parties and practitioners in this area? Those, and don’t worry you’re not alone, oblivious to its original launch as a pilot scheme in February 2015 may be part of the reason for its re-launch 15 months later. The original scheme apparently saw only … Continue reading Re-launched Adjudication Scheme for Professional Negligence Claims: a good idea whose time has come? →

It is a truth universally acknowledged that litigation in which costs are significant must be in need of a carefully considered Part 36 offer. Nothing more need be said about the general importance of Part 36. However, together with all of its strategic utility, Part 36 comes bundled with a host of technicalities which are … Continue reading Do general contractual principles apply to the making and acceptance of Part 36 offers? →