The introduction of costs budgeting in April 2013 filled many practitioners with a feeling of horror. While it is fair to say that seven years in to the process, we have got to grips with it, there are still some elements of costs budget preparation that cause confusion. Continue reading →
For those practitioners who remember Order 62 of the Rules of the Supreme Court, in force until 26 April 1999 when they were replaced by the Civil Procedure Rules, it was a relatively easy life for the court when it was considering what costs order to make at the end of a trial. Expressed in law-speak, costs would “follow the event”, which meant that whoever came first past the post had won, and so was entitled to costs, even if that was by just a short head. Thus, where one party was ordered to write a cheque to the other, that, generally, was conclusive as to the identity of the winner. (There were rare exceptions: in Alltrans Express Ltd v CVA Holdings Ltd, the Court of Appeal allowed CVA’s appeal that it should have to pay Alltran’s costs for recovering £2 against a claim for £82,500!) Continue reading →
The established international litigation and arbitration landscape is littered with issues long familiar to counsel. Some, not least what substantive law should govern and which forum to choose to settle differences, are issues with considerable consensus across jurisdictions, such as that parties may settle differences contractually as a matter of party autonomy. In contrast, significant differences remain when it comes to disclosure, or what is called “discovery” in the US civil litigation system. Continue reading →
An uptake of technology by the courts during the COVID-19 crisis has implications not just for current proceedings, but also for the future of the judicial system and the rule of law. In this blog, we explore how remote hearings are likely to have lasting effects on the judicial landscape. Continue reading →
The issue of whether an individual who has before-the-event (BTE) insurance is forced to use the solicitors nominated by the insurance company, or whether they have freedom of choice to instruct their own solicitor, is a vexed one about which I get a huge number of enquiries.