Posts by Marion Smith QC

  • Get back: disallowing non-party costs order in Sony/ATV v WPMC

    The Court of Appeal’s decision in Sony/ATV Music Publishing LLC v WPMC Ltd and another highlights the importance of warning a non-party at the earliest opportunity of the possibility that a costs application may be made against it. The sound of silence was fatal to such an application in Sony.

  • Conditional expertise: Gardiner & Theobald LLP v Jackson

    The decision in Gardiner & Theobald LLP v Jackson is useful for anyone considering retaining an expert on a “no win, no fee basis” in civil litigation, as it sheds further light on the concerns the courts will have when asked to allow such an arrangement.