There are numerous reasons why a witness may be unable or unwilling to assist a party in litigation, either by providing a witness statement, attending court or both. In such circumstances, careful consideration should be given to how that evidence can be adduced. Continue reading
In March, the Court of Appeal delivered its decision in First Subsea Ltd v Balltec Ltd and others, clarifying the ambit of section 21 of the Limitation Act 1980 in relation to directors. This blog looks at some of the practical implications and lessons for litigators. Continue reading
For lawyers, as for football referees, it can be tricky to work out what is and is not a penalty.
The Cavendish Square Holding BV v El Makdessi and ParkingEye Ltd v Beavis litigation was welcomed widely as providing clarity in determining what will amount to an unenforceable penalty clause and what will not (for example, a genuine pre-estimate of damages). Continue reading