Home > Legal Opinions tagged Commercial dispute resolution

  • 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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  • understanding the impact of settlement agreements makes good busin...

    Katie Scott

    In the case of Starlight Shipping Co v Allianz Marine & Others the court held that where a claimant issued proceedings against a company (as well as individuals within the company), the claimant had compromised its ability to bring proceedings against the individuals by entering into a settlement agreement with the defendant company. Starlight issued […]

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  • applying for summary judgment... get your facts straight

    Katie Scott

    In the case of Global Draw Ltd v IGT-UK Group Ltd the Commercial Court refused an application for summary judgment on the grounds that the application required the court to decide on a number of factual matters which could not be determined without a trial. The case arose in the context of a share purchase […]

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  • potential for adverse costs orders even in ADR

    Katie Scott

    In the case of Ensign Highways Ltd v Portsmouth City Council, Ramsey J made an order for pre-action disclosure in a dispute that was to be subject of adjudication. Ensign and the council were party to a contract, pursuant to which any dispute was to be settled by way of adjudication. A dispute arose between […]

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  • MOJ to hold open meetings on second whiplash consultation

    Melanie Chisnall

    The Civil Procedure Rules (CPR) Committee has launched the consultation for responses in relation to its second tranche of reforms for personal injury claims in the pre-action protocol. The proposed reforms relate to reducing the cost of insurance premiums and making the pre-action protocol process more robust by cracking down on fraudulent claims and strengthening […]

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  • the double freeze: when two freezing orders are better than one

    Nichola Evans

    The English courts have granted GFH Capital an additional freezing order against its former employee and former Leeds United Managing Director, David Haigh, in GFH Capital Ltd v David Haigh (2014). It was alleged that Haigh was falsifying invoices and was in prison in Dubai for similar reasons. The Dubai Court granted a worldwide freezing […]

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  • legal professional privilege v iniquity exception………..who wins?

    Katie Scott

    In JSC BTA Bank v Ablyazov & Others the Commercial Court held that a litigant’s strategy of concealment/deceit defeated any claim to privilege it may otherwise have over communications with its lawyers. JSC sought disclosure of a number of documents held by the defendants’ former solicitors (who were each respondent to the application) that JSC […]

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  • setting aside judgment? act promptly…

    Katie Scott

    In the case of Mohun-Smith V TBO Investments Ltd, judgment was entered after TBO failed to appear at the first day of trial. TBO had written to the court requesting an adjournment as its key witness was unavailable to give evidence. It then took TBO in excess of 10 days to make it’s application. Neither […]

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  • franchising – assessing ‘good faith’ and ‘protected business’ rights

    Gordon Monaghan

    In the recent case of Carewatch Care Services Ltd v Focus Caring Services Ltd & Ors the High Court granted the claimant franchisor injunctive relief to enforce restrictive covenants and the ‘step-in’ provisions under a franchise agreement. This was despite arguments put forward by the defendant franchisee that the franchisor had breached an implied obligation […]

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  • beware of leaving costs in settled cases to the court to decide

    Chloe Poskitt

    The recent case of RG Spiller Ltd v Derhalli highlights the dangers of leaving the issue of costs to the court when the substantive issues have been resolved. The claimant had previously sought and obtained a limited injunction against the defendant. The parties eventually settled and the consent order included a provision giving the parties […]

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  • no costs recoverable for small claims in the Court of Appeal

    Gordon Monaghan

    The costs decision in the Court of Appeal case of Akhtar v Boland has decided that the ‘no costs’ rule for small claims cases applies to the costs of any appeal to the Court of Appeal. The Civil Procedure Rules are very clear in stating that in relation to cases which have been allocated to […]

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  • Insurance Bill – the grand unveiling

    James Gibbons

    HM Treasury is to shortly introduce the Insurance Bill 2014 to Parliament, which it hopes will be passed before March 2015. The Bill will see major changes to how the commercial insurance market operates. For instance: insureds will be under a new duty to make a ‘fair presentation of the risk’, remedies available to insurers […]

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  • another day, another Mitchell decision…

    Nichola Evans

    Another day, another interpretation of Mitchell. In the case of Scotbert Gordon v Osra Fraser (No.1) (2014) the court was faced with the situation where the parties had extended time for service of witness statements on several occasions before the defendant, almost three months after the date for service of witness statements, simply served a […]

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  • Law Commission seeks final touches to insurance contract law bill

    James Arrowsmith

    As part of its ongoing work to reform insurance contracts law, the Law Commission has published its draft Bill dealing with duties of disclosure prior to non-consumer insurance contracts, warranties, insurance fraud and late payment of premiums. The Commission considers the Bill to be largely uncontentious so that it may be suitable for a fast […]

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