Home > Legal Opinions tagged Commercial dispute resolution

  • court fees to increase dramatically from 9 March 2015

    Mark Nichols

    The Ministry of Justice’s significant increase in court fees comes into force on 9 March 2015. Fees for both specified and unspecified money claims of £10,000 or more are affected. Court fees for claims of £10,000 or more will be 5% of the value of the claim, capped at £10,000. This is an increase of […]

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  • when lawyers use too many words…

    Nichola Evans

    The Commercial Court firmly believes that pleadings should be precise and to the point, with the Commercial Court Guide specifically stating that statements of case should be no more than 25 pages long or an application is required setting out why a longer document is required. In the case of Tchenguiz and others v Grant […]

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  • cost budgeting – what is a contingency?

    Daniel Askew

    Since the implementation of the costs budgeting process, there has been confusion as to what constitutes a contingent cost for the purposes of a cost budget. The recent case of Yeo v Times Newspapers Ltd finally offers some clarity on this subject. Not surprisingly, the above case has implemented a three stage test as follows: […]

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  • insurance reform – now a reality

    James Gibbons

    For a bill that reforms law that has remained in situ for over 100 years, the Lords and the Commons have made short work of passing the Insurance Bill through Parliament. Whether this is as a result of the Law Commissions’ careful prior consideration or this current government’s tenure nearly being over, the Bill has […]

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  • declaratory relief granted

    Melanie Chisnall

    In the case of Western Trading Ltd v Great Lakes Reinsurance (UK) Plc the claimant (W) sought an indemnity from their insurer following a fire. W was a management company which ran a portfolio of properties for a developer (S). The property which was the subject of the claim was comprised of two buildings, one […]

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  • "noted, with thanks” - the perils of negotiating settlement agreem...

    Laura Mackenzie

    A recent decision stresses the importance of expressly stating when a settlement offer is intended to be ‘subject to contract’ (ie not binding until a formal written agreement has been executed). In Bieber and others v Teathers Limited (in liquidation) the claimants accepted – via email – a settlement offer relating solely to the sum […]

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  • standard essential patent – valid and infringed

    Mark Daniels

    The English High Court tackled the thorny issue of the alleged infringement of a ‘standard-essential’ patent, and has found for the patentee. Vringo Infrastructure Inc owns a patent (originally obtained by Nokia) relating to the process of soft handover of a mobile phone call between base stations when the phone moves between cells. The patent […]

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  • strength of a parties' case not relevant to case management decisions

    Melanie Chisnall

    The Supreme Court has held in HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz Al Saud v Apex Global Management Ltd & Another that in case management directions or decisions, the strength of a parties’ case would not be relevant to that decision or imposition of any sanctions. The court stated that the decision of the […]

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  • apportionment and the smoker negligently exposed to asbestos

    Bridget Tatham

    In the case of Blackmore v Department for communities & Local Government (2014), the defendant admitted that they had negligently exposed the deceased to asbestos fibres during the course of his employment as a painter, causing lung cancer. But using a relative risk analysis, they sought a reduction of 85% for contributory negligence for the deceased’s […]

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  • removal of the right of compensation for minor RTA claims

    James Arrowsmith

    Proposed amendments to the Social Action Responsibility and Heroism (SARAH) bill aimed at curbing the payment of damages in relation to low value injury claims show that the debate on the cost of whiplash is far from over. Amendments which would have allowed insurers to provide rehabilitation treatment rather than damages in relation to the […]

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  • further rules on fixed cost medical reports

    James Arrowsmith

    The latest draft rules intended to reform soft tissue injury claims give further clarity on how Claims and Underwriting Exchange (CUE) search facilities and expert accreditation will be incorporated before the expected implementation in April 2015. Claimant representatives will be required to undertake searches via AskCUEPI and input a unique reference into the CNF to […]

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  • DBAs: no change for now

    Nichola Evans

    For quite some time commentators have been suggesting that the Government should re-visit the arena of Damages Based Agreements (DBAs) and allow a ‘hybrid agreement’ of a no win, low fee arrangement particularly given the low take up of these agreements. Most recently Lord Justice Jackson joined the debate urging the Government in a recent […]

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  • 'fair, proportionate and effective' – striking out dishonest claims

    Paul Wainwright

    The Transport Committee has published its Fifth Special Report ‘Driving premiums down: fraud and the cost of motor insurance‘. The consultation is an important step in the further implementation of the Jackson reforms, following LASPO 2012. Whilst the ABI figures show improvement with reduced premiums, the AA has noticed a reversing trend. These proposed reforms […]

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  • DBAs will not take off without regulatory reform

    James Arrowsmith

    Damages Based Agreements (DBAs) have failed to gain traction as a result of overly restrictive regulations, according to Jackson who proposed their use in his report on civil costs. DBAs, under which a solicitor receives a percentage of any damages recovered as a fee, have been permitted since April 2013, but uptake has been low. […]

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  • poor claimant funding advice could prove expensive

    Melanie Chisnall

    In the case of McDaniel & Co v Clarke (2014), Mr Justice Hickinbottom ruled that a Master was entitled to hold that the solicitors acting for the claimant were entitled to recover no costs on the basis that the claimant was a member of a trade union and was eligible for free legal representation if […]

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  • can a refusal to mediate be reasonable?

    Chloe Poskitt

    In the case of Northrop v BAE Systems, the court had to determine costs after giving judgment in favour of BAE. Northrop submitted that BAE was entitled to its costs but those costs should be halved to reflect BAE’s unreasonable refusal to mediate. The court examined all the circumstances including the conduct of the parties […]

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  • administrators entitled to fix out of scope remuneration

    Emma Taylor

    In Re Brilliant Independent Media Specialists Ltd [2014] the High Court had to consider whether administrators were entitled to remuneration for services beyond those approved by a creditors’committee. The committee imposed a six month time limit to move from administration to creditors’ voluntary liquidation and refused to sanction further remuneration beyond that point. Whilst the […]

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  • parties: explain why your disclosed documents have been redacted

    Melanie Chisnall

    In the case of Decura IM Investments LLP v UBS G London Branch, Eder J held that where redactions in witness statements had taken place, it was important for the receiving party to know on what basis the redactions had been made. D had applied for further disclosure in its claim against U. U provided […]

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  • when can you offset costs against damages?

    Melanie Chisnall

    In the case of Mploy Group Ltd v Denso Manufacturing UK Ltd (2014) Eder J allowed a stay of execution where the judgment creditor (M) was unable to confirm whether the terms of it’s after the event insurance policy would cover the costs it had been ordered to pay to D. The terms of the […]

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  • costs protection under a Calderbank offer – the same as a Part 36 ...

    Chloe Poskitt

    In the case of Coward v Phaestos, the court considered an appeal by an unsuccessful party against a costs order. A Calderbank offer had been made before trial which the appellant submitted was substantially the same as the respondent had recovered at trial. The appellant argued that the effect of a Calderbank offer was to […]

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