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Class actions reform: Civil Justice Council publishes its final report to government
On 12 December 2008 the Civil Justice Council (CJC), the advisory body responsible for co-ordinating the modernisation of the civil justice system, …
Court of Appeal upholds application of jurisdiction clause and reinforces doctrine of separability
Following the first instance decision of Flaux J in this case in April, there had been considerable uncertainty regarding the extent to which a party …
Enforceability of exclusion clauses – Court of Appeal decision
In a recent judgment, the Court of Appeal has provided some useful guidance on how the courts might approach the enforceability of exclusion clauses: …
Civil Justice Council recommends expansion of collective action regime
On 5 August 2008, the Civil Justice Council (CJC), the advisory body responsible for co-ordinating the modernisation of the civil justice system, made 11 …
Contractual damages
The judgment of the House of Lords in Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) [2008] UKHL 48 considered the law on recoverable …
No jurisdiction to order disclosure of insurance cover
In a recent decision, the High Court has stated that it has no jurisdiction to order disclosure of insurance cover under CPR 18: West London Pipeline and …
Conduct at mediation and its impact on costs assessed by the courts
In two recent cases (7th Earl of Malmesbury and others v Strutt & Parker [2008] EWHC 424 (QB) and Nigel Witham Ltd v Robert Smith and others [No.2] …
Think carefully before refusing to mediate
The court may penalise a party in costs even if it takes the view that any mediation would have been unlikely to succeed: Attorney General of Zambia v …
Ensure all important terms are set out in a settlement agreement
Failure to do so may result in the agreement being incomplete for uncertainty: Western Broadcasting Services v Seaga [2007] UKPC 19 and Brown v Rice and …
Do not be complacent in resisting a summary judgment application
In resisting a summary judgment application, the respondent must put forward sufficient evidence to satisfy the court that it has a real prospect of …
Make it clear whether or not communications are intended to be "without prejudice"
Otherwise there is a risk that the court will find they were intended to be on an open basis: English & American Insurance Co Ltd v Axa Re SA [2006] …
Decide at an early stage whether to challenge service / jurisdiction
Failure to comply with strict procedural rules may result in waiver of the right to challenge: Hoddinott and others v Persimmon Homes (Wessex) Ltd [2007] …
Showing 12 out of 12 results
