Indemnity costs guidance
In Whaleys (Bradford) Limited v Bennett and another, the Court of Appeal gave guidance in relation to the correct test when considering indemnity costs. This was not in the context of Part 36. Continue reading
REUTERS | Alistair Scrutton
January 24, 2018
Conduct and costs: two recent Court of Appeal cases
REUTERS | Denis Balibouse
January 18, 2018
When it is appropriate to have a second bite at the cherry: Davies v Carillion Energy Services Limited and another
The Civil Procedure Rules (CPR) do not expressly prohibit a second action where a first action based on many of the same facts and claim has not been successful; in fact CPR 3.4(4) seems to envisage that possibility. However, there are established cases which provide guidance on when a second claim will be held as an abuse of process. It will depend on whether the first action was struck out for failure to comply with procedure, decided at court or settled between the parties. Continue reading
REUTERS | Aly Song
January 15, 2018
Litigation funding: does the cap fit?
In recent years, third party funding has gradually entered the mainstream in English litigation. Arrangements that would once have been struck down as offending against public policy, in the form of the historic rules against trafficking in litigation known as champerty and maintenance, are now accepted and indeed endorsed by lawyers and judges. Continue reading