The decision
Al Attiya v Bin-Jassim Bin-Jaber Al Thani has highlighted recently the importance of pleading when bringing an action against a state. The claimant, a member of a prominent Qatari family, brought proceedings against the defendant, who was a former prime minister of Qatar, for damages for trespass to his land and to his person. One element was that the defendant had abused the power of his public position and conspired to injure the claimant. Continue reading
Consistency and clarity in the approach of judges to costs budgeting have suffered due to the absence of guidance from the Court of Appeal. However, now that there has been consideration of the correct approach by that court in Sarpd Oil International Limited v Addax Energy SA & another, some may find the guidance surprising.
Having successfully obtained judgment for your client in a case where your firm of solicitors is acting under a conditional fee agreement (CFA), it is only natural that thoughts will turn to the firm’s own impending financial reward. But the terms of a CFA, negotiated at the outset of the case, can prove to be a barrier to their underlying commercial purpose: payment by result. Continue reading