It seems as if there has recently been a glut of upper court decisions on contractual interpretation. In Persimmon Homes Limited v Ove Arup & Partners Limited the principle of contra proferentem and the guidelines in Canada Steamship Lines Ltd v The King came under scrutiny.
In March, the Court of Appeal delivered its decision in First Subsea Ltd v Balltec Ltd and others, clarifying the ambit of section 21 of the Limitation Act 1980 in relation to directors. This blog looks at some of the practical implications and lessons for litigators.
Whilst it is always satisfying to win at trial, there is little which darkens the mood more than learning that your vanquished opponent is, in fact, impecunious and unable to pay your costs. The good news is that, depending on the circumstances, you could seek an order that a non-party pays the costs of the … Continue reading Pursuing the man behind the straw man: non-party costs orders
Overview of the application In Attheraces Ltd and another v Ladbrokes Betting and Gaming Ltd and others, potential proceedings concerned the alleged misuse of horseracing broadcasts (the off-tube commentaries).
The underlying facts of this case (alleged negligence by the defendant in conducting due diligence of a transaction code-named “Project Pigeon”) are less significant than the potentially wide-ranging consequences of the decision for the time within which documents must be served in order to comply with the Civil Procedure Rules (CPR).
Over the last 15 years there has been a growth in the number of individuals acting in civil proceedings as litigants in person (LiP). There are a range of factors underlying this, including the rising cost of accessing legal services, the increase in the small claims limit and the dramatic reduction in legal aid effected … Continue reading Litigants in person, McKenzie Friends and reform
In the recent BAILII Lecture 2016 the Lord Chief Justice (LCJ) called for a rebalancing of the relationship between arbitration and the courts. The LCJ’S primary concern was that the present turning which the law had taken in 1979 and the Nema Guidelines, largely embedded in the Arbitration Act 1996 (AA 1996), had stunted the … Continue reading Arbitration, litigation and the growth of the common law
The decision Al Attiya v Bin-Jassim Bin-Jaber Al Thani has highlighted recently the importance of pleading when bringing an action against a state. The claimant, a member of a prominent Qatari family, brought proceedings against the defendant, who was a former prime minister of Qatar, for damages for trespass to his land and to his … Continue reading Immunities and the importance of pleading