Mondaq UK: Litigation, Mediation & Arbitration
Since the Civil Procedure Rules were first introduced in 1998, parties involved in Court proceedings have had to "disclose" the relevant documents that they have to the other side.
Settlement offers made in accordance with Part 36 of the Civil Procedure Rules (known as "Part 36 Offers" for short) have become a crucial weapon in the arsenal of any party involved in litigation.
Legal Profession Privilege is a form of confidentiality covering communications between clients and their lawyers, which provides clients with an absolute right to refuse to disclose such communications in legal proceedings.
In the latest in our series of articles on "How to avoid…" common legal problems, Michael Axe summarises some of the steps that you can take to ensure that your confidential and privileged communications remain protected from disclosure in legal proceedings.
At last, after lengthy legislative to-ing and fro-ing, the new Defamation Act 2013 has been passed and is ready to come into force.
Care home providers are often at the mercy of local authorities as to price and price review for residential care.
A discussion on a recent case, where the High Court departed from the normal costs rules that follow an offer to settle intended to have the costs consequences associated with Part 36 of the Civil Procedure Rules.
Some important changes to costs in legal proceedings take effect from 1 April 2013. One such change affects the operation of Conditional Fee Agreements (CFAs).
Hkruk II (CHC) Limited v Marcus Alexander Heaney [2010] EWHC 2245 (Ch) is about a land owner who obtains an injunction against a developer to protect his rights to light.
Those of you who are familiar now with the portal process may know the answer to the question – does responding to a settlement offer one day after the 15 working day time frame mean the offer is withdrawn or does it still stand?
In Hastings, the judgment notes that the notification of intent to bring proceedings should contain the substantive points on which the decision to award is challenged.
The Registry Trust, a not-for-profit company which operates the Register of Judgments and collates information on a range of court procedure, recently published figures indicating that around 1,000 less judgments were issued in respect of Scottish businesses in 2012.
Litigation funding rules in England and Wales changed radically on 1 April 2013, enabling lawyers now to share to a greater extent than ever before the costs risk of litigation with their clients.
Our independently-conducted research reveals growing interest across Europe in finding new ways to pay for legal advice in high-value disputes.
A recent decision from the appeal court with responsibility for the sheriffs located in Tayside, Central & Fife has affirmed the long-established but often overlooked rule of Scots law that, unless agreed otherwise, a debtor is bound to pay his creditors at their principal place of business.
Billed as the most wide-ranging changes to the civil litigation system since 1999, radical reforms following a review by Lord Justice Jackson will come into effect in England and Wales on 1st April 2013.
Lord Justice Jackson published a report in January 2010 setting out his recommendations for reducing the costs of litigation.
In November 2011 we reported on the case of a golfer injured by a ball hit by another golfer. The player and club found liable for the accident appealed to the Inner House of the Court of Session.
Litigation can often be very expensive, and sometimes even disproportionately so compared to the value of the dispute measured in purely financial terms.
The biggest recent overhaul of civil litigation procedure will take effect on 1 April 2013, as a result of Lord Justice Jackson’s report on civil litigation costs. Stuart Evans and Liane Bylett from our Commercial Disputes Team explain the five key areas of reform in commercial disputes and what these changes will mean for you.
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Lord Justice Jackson’s cost reforms came into force on 1 April 2013. Though primarily aimed at personal injury litigation, the reforms will affect construction and engineering litigation.
The biggest recent overhaul of civil litigation procedure will take effect on 1 April 2013, as a result of Lord Justice Jackson’s report on civil litigation costs. Stuart Evans and Liane Bylett from our Commercial Disputes Team explain the five key areas of reform in commercial disputes and what these changes will mean for you.
Those of you who are familiar now with the portal process may know the answer to the question – does responding to a settlement offer one day after the 15 working day time frame mean the offer is withdrawn or does it still stand?
The FIDIC Contracts Committee has issued a Guidance Note dealing with the powers of, effect of and the enforcement of Dispute Adjudication Board (DAB) decisions.
Where a solvent company goes into liquidation voluntarily its creditors can expect to recover everything due to them. But what happens if a creditor’s claim is contingent?
A discussion on a recent case, where the High Court departed from the normal costs rules that follow an offer to settle intended to have the costs consequences associated with Part 36 of the Civil Procedure Rules.
Recent case law has clearly demonstrated the benefits of joint owners of property declaring their beneficial interests.
The 'Jackson Reforms' introduce a number of changes to the English litigation costs regime which will affect the overall cost of cases, including for insurers.
The ramifications for those found to be in civil contempt (as presided over by the High Court), and, in particular, the court’s power to enforce such a finding against a contemnor who resides overseas, are more far reaching than many (civil) lawyers realise.
On 24 April 2013 the DIFC Court of First Instance issued an important judgment accepting jurisdiction over a dispute between a DIFC-based reinsurer and an Abu Dhabi based insurance company.
