Home > Legal Opinions tagged Commercial dispute resolution

  • courts start to enforce Mitchell decision

    Katie Scott

    Decisions relating to the compliance with directions are like buses; you wait ages for one and then they all come at once. We waited until the end of November for the Court of Appeal’s decision in Mitchell; however decisions demonstrating the court’s strict approach following the Jackson reforms are now coming in thick and fast, […]

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  • court fees consultation to increase civil claims costs

    James Arrowsmith

    A consultation on court fees proposes that parties to some civil and commercial claims could subsidise other cases, and pay for investment in the court system. Family work in the civil courts costs more than the fees generated, while other areas such as injury and commercial claims have been broadly self funding.

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  • are we to see tougher sanctions on claims management companies con...

    Katie Scott

    Insurers have welcomed the Ministry of Justice’s (MOJ) proposals for tighter regulation of claims management companies (CMCs) after AXA published a consumer analysis report which found 64% of those surveyed would like CMC communications to be made illegal. In their report AXA called for tougher regulation on CMCs suggesting that they should mandatorily publish accounts […]

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  • Court of Appeal dismisses 'Plebgate' appeal

    Katie Scott

    Today the Court of Appeal dismissed Andrew Mitchell MP’s appeal against the decision made by Master McCloud limiting Mr Mitchell’s potential cost recovery to court fees as a result of a failure to file a cost budget in accordance with the CPR. Acknowledging that Master McCloud had come to a robust decision, the Court of […]

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  • transaction at undervalue – does the company in liquidation have t...

    Chloe Poskitt

    In Stephen John Hunt (Liquidator of Ovenden Colbert Printers Ltd) [2013], the Court of Appeal held that it was an essential part of any claim under s.238 of the Insolvency Act 1986 that the company had itself entered into a transaction. This case concerned money held on trust by the company’s accountant who was allowed […]

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  • a warning to insurance brokers of a continuing duty of care

    Louise Wallbank

    In Equitas the court determined issues of principles of the duties of insurance brokers. The Claimants, who were the successor to Lloyd’s syndicates from 1992, argued they had lost substantial income due to the reinsurance brokers (Defendants), placing contracts of reinsurance who failed to remit funds reasonably on receipt. The brokers argued they owed no […]

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  • enough is enough

    Louise Wallbank

    After almost a decade the claimants in BMG (Mansfield) Ltd v Galliford Try Construction sought a second expert opinion after the original expert, now aged nearly seventy, decided to withdraw from the claim. The defendants accused the claimants of “expert shopping“ and requested disclosure of documentation passing between the claimants and the expert that contained his opinion […]

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  • think carefully but timely when making and amending a claim

    Nichola Evans

    In Co-operative Group v Birse Developments and others, Co-op originally sought damages for the cost of repairing its concrete slab flooring laid by Birse. In October 2012, Co-op amended its claim, seeking full replacement of the flooring due to it being insufficiently reinforced. In May 2013, Co-op sought further amendment to its claim, stating that […]

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  • refuse to mediate at your peril

    Kate Andrews

    In a judgment handed down today the Court of Appeal has taken the opportunity to broaden the principles in Halsey, in relation to awarding costs sanctions against a party who did not ‘beat’ a part 36 offer in court, on the basis of a refusal to mediate. In the case of PGF II SA v […]

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  • liquidators breathe a sigh of relief

    Chloe Poskitt

    What happens when liquidators of a company sell assets that another party claims to own? In this case, it was £14million worth of assets. In the recent case of Euromex Ventures Ltd, Mr Justice Newey had to decide whether the liquidators were liable to the claimants for unlawful conversion when the liquidators sold valuable equipment […]

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