Costs litigation in the modern age of cryptocurrency: can an unknown defendant make costs submissions in detailed assessment proceedings?
In this digital age, where the internet allows for anonymity and cryptocurrency is obtaining ever increasing legitimacy, it is interesting to consider how these societal shifts will impact civil litigation and specifically, the costs implications for parties arising out of litigation. In the last year, we have seen various cases in relation to cryptocurrency, for … Continue reading Costs litigation in the modern age of cryptocurrency: can an unknown defendant make costs submissions in detailed assessment proceedings?
High price for lawyer found in contempt of court over “burn” instruction
The serious consequences of interfering with litigation documents were highlighted in the recent ruling concerning a senior lawyer who told a client to “burn” its secure communications system to avoid handing evidence to supermarket Ocado.
Two steps forward, one step back? The blurred line of service via email
The last few years have seen a large emphasis on the use of technology. Businesses and law firms alike have had to adapt to meet the changing climate. An increasing number of meetings are now being held virtually, documents can easily be signed using online platforms and, most of all, emails have now become the … Continue reading Two steps forward, one step back? The blurred line of service via email
Disclosure of litigation funding arrangements in collective proceedings: a balancing act
There is a growing trend towards the use of third-party litigation funding (TPLF) in collective proceedings in the UK and globally. The disclosure of TPLF arrangements has recently come under close scrutiny by the Competition Appeal Tribunal (CAT) in the context of applications for Collective Proceedings Orders (CPO) brought against various large and prominent tech … Continue reading Disclosure of litigation funding arrangements in collective proceedings: a balancing act
Is divergence inevitable in a post-Brexit legal landscape?
Brexit has an undeniably huge role in shaping our legal system for the future. On 9 December 2021, the Court of Justice of the European Union (CJEU) handed down judgment in Tattersall v Seguros Catalana Occidente S.A and Basquille on the long debated ‘Keefe question’. It is important to consider the significance of this judgment … Continue reading Is divergence inevitable in a post-Brexit legal landscape?
“To notify or not to notify, that is the question”: Arch Insurance (UK) Ltd v Philip McCullough
The decision of Cockerill J, sitting as a Commercial Court judge, on 14 September 2021, highlights the importance and operation of conditions precedent in insurance policies, in this instance a public liability policy. An insured’s failure to comply with the notification condition of a policy (treated by the insurers as a condition precedent) was considered … Continue reading “To notify or not to notify, that is the question”: Arch Insurance (UK) Ltd v Philip McCullough
Court of Appeal considers the boundaries of granting and continuing passport orders
The power of the court to grant a passport order under section 37 of the Senior Courts Act 1981 was primarily recognised by the Court of Appeal in Bayer AG v Winter. The boundaries of such passport orders has been recently considered in Lakatamia Shipping Company Ltd and others v Su and others.
Non-party disclosure and confidentiality clubs: Bugsby Property LLC v LGIM Commercial Leasing Ltd and another
Non-party disclosure, and specifically the confidentiality concerns faced by non-party respondents, has been considered recently in the case of Bugsby Property LLC v LGIM Commercial Leasing Ltd and another. In that case, the parties to proceedings made applications for disclosure against five non-party respondents. The applications were made under CPR 31.17 and section 34 of … Continue reading Non-party disclosure and confidentiality clubs: Bugsby Property LLC v LGIM Commercial Leasing Ltd and another
Non-compliance with orders and the risk of interlocutory costs orders
In respect of interlocutory applications, the position is normally that costs fall to be reserved and decided at the conclusion of the litigation, unless there is some special feature. The case of Sportcal Global Communication Limited and another v Laflin certainly had special features.
Out with the old, in with the new: the implications on civil contempt proceedings against “persons unknown” following CPR 81’s overhaul
The new CPR 81 (new rules) came into force on 1 October 2020, replacing the former CPR 81 (old rules). It provided a welcome update to the procedure for civil committal proceedings, significantly streamlining the rules from 38 to ten, and disposing of the clunky Practice Direction 81 entirely. It is intended that the overhaul … Continue reading Out with the old, in with the new: the implications on civil contempt proceedings against “persons unknown” following CPR 81’s overhaul
Avoiding the procedural pitfalls of defective service on individuals: Ivanchev v Velli
It is a familiar tale: a dispute arises; claimant issues claim; claimant serves claim. But what do you do if the identity and address of an individual defendant is unknown? In the recent judgment of Ivanchev v Velli, the High Court revisited this all too common chink in a claimant’s armour: effecting proper service of … Continue reading Avoiding the procedural pitfalls of defective service on individuals: Ivanchev v Velli
Admissibility of without prejudice position statements considered in Berkeley Square Holdings and others v Lancer Property Asset Management Ltd and others
The admissibility of passages in a position statement for mediation and the application of the established exceptions to the without prejudice (WP) rule were considered in the High Court decision in Berkeley Square Holdings and others v Lancer Property Asset Management Ltd and others.
Injunctions against persons unknown: Cuadrilla Bowland Ltd and others v Persons unknown and others
Cuadrilla Bowland Ltd and others v Persons unknown and others has useful practical implications for those considering the terms of prospective injunction proceedings, particularly where the injunction is to prevent behaviour by persons unknown. In that case, the proposed injunction was challenged because its terms were unclear.
The name of the game: effecting valid service in Ndole Assets Ltd v Designer M&E Services UK Ltd
Delegation could still be the name of the game for litigants in person who instruct a third party to effect service of a claim form. The recent Court of Appeal judgment of Ndole Assets Ltd v Designer M&E Services UK Ltd goes very little way in providing clarity for parties with litigants in person on … Continue reading The name of the game: effecting valid service in Ndole Assets Ltd v Designer M&E Services UK Ltd
The Court of Appeal rules on Part 36 costs consequences where an accepting party has been dishonest
In Tuson v Murphy, the Court of Appeal ruled the defendant would have to bear the claimant’s costs up to the end of the relevant period even in circumstances where the claimant had been dishonest and misled the court.
The Supreme Court tells litigants in person to read the rules: Barton v Wright Hassall LLP
In Barton v Wright Hassall LLP, the court underlined that there is a very high bar to excuse claimants (even litigants in person) from the strict rules for service set out in CPR 6. The certainty of the decision will come as a relief to many practitioners.
Insolvency exclusions in professional indemnity insurance policies: Crowden v QBE
In Crowden v QBE, Crowden sought an indemnity under a professional indemnity policy issued by QBE. QBE successfully defended the claim based on an exclusion under the policy. This case serves as a useful reminder for insurers, brokers and policyholders of the importance of understanding the scope of insurance cover and the impact of exclusions … Continue reading Insolvency exclusions in professional indemnity insurance policies: Crowden v QBE
Disputing rights against insurers
Following the judgment of the Technology and Construction Court (TCC) in BAE Systems Pensions Funds v Royal and Sun Alliance Insurance plc and others in July, it appears that a potential dispute as to coverage is not a blocker to an insurer being joined into proceedings under the Third Parties (Rights Against Insurers) Act 2010. … Continue reading Disputing rights against insurers
Run-off cover: practical implications of SRA’s planned changes to indemnity insurance rules
At the start of July, the Solicitors Regulation Authority (SRA) announced plans to change its indemnity insurance rules to make it easier for firms to switch their regulator for the purposes of professional indemnity insurance. The aim of this change, which follows a period of consultation, is to improve competition in the market, whilst ensuring … Continue reading Run-off cover: practical implications of SRA’s planned changes to indemnity insurance rules
Court’s refusal to grant relief from sanctions: the practical implications of Gladwin v Bogescu
Gladwin v Bogescu is a low value road traffic accident claim. It recently became a case of interest when the High Court allowed the defendant’s appeal against the decision of the lower court to grant relief from sanctions for late service of witness evidence.
Law and justice: what next for English and Welsh practitioners?
The Law Society believes the legal sector of England and Wales underpins the UK economy. At the time of writing, a period of political uncertainty, together with Brexit negotiations becoming the priority of government, seem likely to scupper the Law Society’s vision for law and justice becoming a reality during the life of this Parliament.
Can artificial intelligence (AI) prevent insurance fraud?
Fraud is estimated to cost the insurance industry over £1.5 billion a year. The fraud itself can range from the exaggeration of a genuine claim, the falsifying of all or part of a claim or the deliberate falsification or omission of information in order to obtain less expensive cover. The insurance industry invests heavily in … Continue reading Can artificial intelligence (AI) prevent insurance fraud?
Ackerman v Thornhill and others: setting aside settlement agreements
The High Court’s recent decision in the recent case of Ackerman v Thornhill and others is noteworthy in the context of disclosure and settlement litigation.
Legal advice and litigation privilege: Astex Therapeutics Ltd v AstraZeneca
The decision in Astex Therapeutics Ltd v AstraZeneca is notable in the context of disclosure and on how legal and litigation privilege are interpreted.
