In Saeed and another v Ibrahim and others, the Chancery Division of the High Court considered the overlap between the court’s powers to strike out under CPR 3.4 and its powers to enter summary judgment under CPR 24. Continue reading
REUTERS | Andrew Caballero-Reynolds
February 22, 2018
Strike out and summary judgment: Saeed and another v Ibrahim and others
REUTERS | Parwiz
February 19, 2018
Interest and Part 36 offers: is Potter right?
CPR 36.2(3) provides that a Part 36 offer may be made in respect of the whole, or part of, or any issue that arises in, a claim. This is reflected in CPR 36.5(1)(d) which, in relation to the form and content of a Part 36 offer, requires the offeror to state whether it relates to the whole of the claim or to part of it, or to an issue that arises in it and, if so, to which part or issue. Continue reading
REUTERS | Danish Siddiqui
Practitioners will be well aware of the American Cyanamid guidelines, which are routinely applied by the courts in injunction cases. The guidelines are not a statutory test to be rigorously applied but practitioners will be aware of their importance and will seek to ensure that their evidence and arguments cover the key points, namely: whether there is a serious question to be tried and if so, the “balance of convenience” test. Continue reading