Courts around the world are cracking down on costs yet the complexity of complying with disclosure rules is increasing, especially where multiple languages are involved. Drew Macaulay of Consilio looks at the major challenges facing litigators when dealing with multi-lingual disclosure.
Sue Nash, managing director of Litigation Costs Services, explains how the costs management regime is meant to work, and the effect that last week’s Henry ruling will have on it.
Gary Knight, the costs lawyer at Harmans who acted for the claimant’s solicitors in the Court of Appeal’s important costs management case of Henry v NGN, looks at the decision in depth and at the lessons litigators should learn from it.
E-disclosure is likely to be one of the largest and most difficult parts of putting together an estimate under costs management. James Morrey-Jones, an electronic evidence consultant at Kroll Ontrack UK, considers the key issues.
Katie Simmonds and Richard Berry look at the circumstances in which it is possible to hold commercial trials in private, or at least keep confidential information out of the public domain.
Renowned costs expert Kerry Underwood outlines the many unjust scenarios that could flow from the Court of Appeal’s recent declaration that damages will be increased by 10% from 1 April 2013.
F & C Alternative Investments v Barthelemy & Anor  EWCA Civ 843 is a further reminder of the need to ensure that any intended part 36 offer complies with the formal requirements in every way. It also raises some interesting points regarding indemnity costs.
Today’s surge of electronically stored information (ESI) has forced companies involved in document-intensive litigation to adopt a different approach to document review. Lawyers need to search and review enormous volumes of ESI in short time periods to assess the merits of their own case and to produce relevant data to opposing parties.
We look at two cases where the courts have had to strike the right balance between supporting arbitrations whilst also recognising their independence and jurisdictional limitations.