REUTERS | Parwiz

CPR 36.2(3) provides that a Part 36 offer may be made in respect of the whole, or part of, or any issue that arises in, a claim. This is reflected in CPR 36.5(1)(d) which, in relation to the form and content of a Part 36 offer, requires the offeror to state whether it relates to the whole of the claim or to part of it, or to an issue that arises in it and, if so, to which part or issue. Continue reading

REUTERS | Danish Siddiqui

Practitioners will be well aware of the American Cyanamid guidelines, which are routinely applied by the courts in injunction cases. The guidelines are not a statutory test to be rigorously applied but practitioners will be aware of their importance and will seek to ensure that their evidence and arguments cover the key points, namely: whether there is a serious question to be tried and if so, the “balance of convenience” test. Continue reading

REUTERS | Stefan Wermuth

The latest judgment handed down in a swaps misselling case (London Executive Aviation v RBS) represents another victory for the banks. In part, this is an inevitable reflection of the fact that the most egregious examples of misselling will have been settled or, in the case of smaller customers, dealt with under the Financial Conduct Authority (FCA) Review of Interest Rate Hedging Products (IRHPs). But it is also due, as explained in the judgment, to the fact that the courts have mostly rejected claimants’ attempts to expand the limits of banks’ duties of care. In particular, the courts are reluctant to import concepts from the regulatory sphere into the common law. Continue reading

REUTERS | Phil Noble

It is nearly ten years since the rules on service of claim forms were substantially changed. CPR 7.5(1) now provides that where the claim form is served within the jurisdiction, the claimant must complete the step required by the table set out in that provision before midnight on the calendar day four months after the date of issue of the claim form. CPR 6.14 states that a claim form served within the jurisdiction is deemed to be served on the second business day after completion of the relevant step under CPR 7.5(1). Continue reading