Technicalities and realities – the battle over clin neg ATE premiums

23 November 2020

A paying party in a clinical negligence case is seeking to argue that a Tomlin order is not a relevant “order for costs” and therefore the ATE premium is not payable. This should be given short shrift.

Bad vibrations – persuading the courts to recognise new illnesses

12 November 2020

James first started feeling unwell in 1988 when a transmitting mast five metres from his home had additional capacity added to it that year. It got worse as more mobile systems were added to the mast.

The rock and the stream – who wins in the disclosure pilot?

4 November 2020

The disclosure pilot scheme has been extended until 31 December 2021. Meanwhile, we eagerly await the decision of the Civil Procedure Rule Committee on the proposed amendments to the pilot.

Disbursement funding interest recoverability – as clear as mud?

29 October 2020

An article I wrote in June 2019 entitled ‘Is disbursement funding interest recoverable?’ attracted, forgive the pun, a lot of interest – but the subject itself has remained a very grey area.

Group claims: Post-pandemic predictions

21 October 2020

Group litigation has undeniably been a growth area in England over the last five years – a trend which is likely to increase rather than decrease as a result of the pandemic.

Which law governs your arbitration agreement?

15 October 2020

The Supreme Court last week handed down its highly anticipated judgment in Enka, affirming the Court of Appeal’s ruling that English law governed an arbitration agreement between non-English parties.

Evolution not revolution – the post-Covid LCIA rules

8 October 2020

The London Court of International Arbitration was about to publish its new arbitration rules when the Covid-19 virus struck. They have been revised since and the LCIA has used the extra time well.

A touch of class

29 September 2020

The recent decision in Jalla v Shell International Trading and Shipping Co Ltd highlights that the courts will not simply rubber stamp attempts to bring claims forward as class actions.

Why arbitration hasn’t worked for personal injury

21 September 2020

I can’t say I’m surprised that PIcARBS looks to have run its course. While the lack of interest has been put down to lawyers not wanting to trial the service, market forces are decisive and the market is right.

Pedestrians v MIB untraced rejections: On the road to nowhere?

7 September 2020

Just recently I have found that the MIB seems to want to reject pedestrian cases without good reason based on the allegation that they are the author of their own misfortune.

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