- December 31, 2020
Collateral value: use of documents disclosed under the Norwich Pharmacal jurisdiction in other proceedings
Under CPR 31.22, a party to whom a document has been disclosed may only use it for the purpose of the proceedings in which it has been disclosed. There are some limited exceptions to this, the most important (for our purposes) being that the court may grant permission for the disclosure to be used for … Continue reading Collateral value: use of documents disclosed under the Norwich Pharmacal jurisdiction in other proceedings →
- September 23, 2020
Jockeying for position: determining forum conveniens
In Traxys Europe SA v Sodexmines Nigeria Limited and Basem El Ali, Teare J provided helpful guidance on how the court will balance the burden of proof and assess the usual competing factors when determining the forum conveniens for a claim. The court also considered how exclusive jurisdiction clauses may apply to a contracting party’s … Continue reading Jockeying for position: determining forum conveniens →
- June 11, 2020
A need to engage: recent court rulings remind litigants of the need to explore ADR
Pursuant to CPR 44.2, the court may exercise its discretion to order one party to a claim to pay the costs incurred by another. While the general rule is that “the unsuccessful party will be ordered to pay the costs of the successful party”, the court may depart from this if it so chooses.
- January 23, 2020
Security for costs: delay isn’t always fatal
A balancing act Under CPR 25.13, the court may grant an order for security for costs if a two part test is satisfied. First, at least one of the gateway conditions listed at CPR 25.13(2) must apply. Secondly, it must be just for the court to make the order in all the circumstances of the … Continue reading Security for costs: delay isn’t always fatal →
