Posts from Gardner Leader

The winner takes it all? Court of Appeal overturns “no order as to costs” in favour of “clear winner”

In Global Energy Horizons Corporation v Gray [2021] EWCA Civ 123, the Court of Appeal demonstrated the circumstances in which an appellate court will overturn costs decisions made by judges below. Disputes over who is substantially the winner at the end of litigation are not uncommon and judges regularly exercise their discretion, under CPR 44, … Continue reading The winner takes it all? Court of Appeal overturns “no order as to costs” in favour of “clear winner”

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

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

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.

Privilege: following recent Court of Appeal decisions, how important is the status of parties when claiming legal professional privilege?

Legal professional privilege (LPP) is once again in the headlines, following a series of recent high profile decisions. In January 2020, the Court of Appeal in Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd rejected an attempt to circumvent LPP by a party that alleged LPP had been waived. Then in February, the … Continue reading Privilege: following recent Court of Appeal decisions, how important is the status of parties when claiming legal professional privilege?

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