In the words of children’s author Norton Juster, “Expect everything so that nothing comes unexpected.” With that in mind, and as we all breathe a collective sigh of relief at having survived 2017, it is time to usher in another year with a look ahead at what dispute resolution developments can be expected in the coming 12 months.
What follows is a brief overview. For full details, be sure to check our new what to expect in 2018 article. Continue reading
In Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd and others, the court held that Practice Direction (PD) 6B paragraph 3.1(20)(a) was to be interpreted narrowly. A claim under section 423 of the Insolvency Act 1986 did not fall within it simply because it was made pursuant to an enactment. The court stated it would follow Re Harrods (BA) and Banco Nacional de Cuba and the interpretation adopted there in respect of Order 11, rule 1(2)(b) of the Rules of the Supreme Court (RSC). Continue reading
In an earlier post in this blog, CMS Cameron McKenna Nabarro Olswang LPP, solicitors for the successful appellants in Premier Motorauctions Ltd (in liquidation) and another v PricewaterhouseCoopers LLP and Lloyds Bank Plc championed the decision of the Court of Appeal for bringing the pendulum of authorities on the interplay between security for costs and after the event (ATE) insurance “to rest in a more balanced position.” Continue reading