This piece does not deal with the costs figures; that is for another piece.
As part of his Supplemental Report on Fixed Recoverable Costs, which will be considered by the Lord Chief Justice, Master of the Rolls and the government, Jackson LJ has proposed a new intermediate track. Continue reading
It is well known that one of our most famous judges, Lord Denning, stood up firmly against anything that might sully the “purity of justice”. Thus the concept of a lawyer sharing the spoils of victory with their client was complete anathema to him, since such an arrangement had the potential to put the professional in a position of being in conflict with the interests of his client. In the context of champerty, he said in his well-known judgment in Re Trepica Mines in 1963: Continue reading
Certainty and predictability are key considerations for any party entering into a commercial contract, and a key factor in this regard is knowing what law will be applied by a court called on to enforce the contract. Certainty as to the applicable law not only enables parties to anticipate how the contractual terms may be interpreted, but also enables them to ensure that the contract complies with any applicable mandatory requirements, so as to minimise the risk of it being unenforceable. Continue reading