Procedure


High Court rules out “retrospective” arbitration appeal

2 December 2020

The High Court has ruled that it has no power to consider a “retrospective” application for permission to appeal against its judgment in an arbitration case which was itself an appeal.


High Court refuses to admit in-house lawyer’s evidence mid-trial

1 December 2020

The High Court has rejected an application to introduce a witness statement from an in-house lawyer after the trial had started and cross-examination of the claimants’ witnesses was almost over.


International community “will see Halliburton ruling as protecting Bar”

30 November 2020

The Supreme Court’s decision not to remove a QC from an arbitration will reinforce the international perception that members of the English Bar are being protected, it has been claimed.


Supreme Court refuses to remove oil spill barrister over potential bias

27 November 2020

The Supreme Court has rejected a bid to remove a QC appointed to arbitrate a dispute arising from the Deepwater Horizon oil spill because he failed to disclose later appointments in other cases.


Computer says sue: Litigators “can no longer ignore role of tech”

26 November 2020

Litigators have to wake up to the use of analytics and other technology in helping them provide better outcomes for clients, according to the partner who heads Herbert Smith Freehill’s decision analysis team.


Australian collective action firm establishes London office

25 November 2020

The fast-growing collective action market has become still larger with the launch of specialist Australian law firm Phi Finney McDonald in London.


County Court Money Claims Centre issued judgment for £10.5m

24 November 2020

The County Court Money Claims Centre issued a default judgment “without any judicial input” ordering a local authority to pay £10.5m, it has emerged. The High Court has now overturned it.


Judge wrong to find ‘subject to contract’ compromise binding

23 November 2020

A judge was wrong to rule that solicitors had reached a binding compromise on a piece of litigation, when their correspondence had expressly been ‘subject to contract’, the Court of Appeal has decided.


‘Signed For 1st Class’ service is first-class post, CA rules

23 November 2020

The Royal Mail service ‘Signed For 1st Class’ is first-class post or equivalent for the purposes of the deemed service provisions of the CPR, the Court of Appeal has ruled, overturning two earlier rulings.


Only 16% of British courts accessible for wheelchair users

19 November 2020

Only a small minority of courts in England, Wales and Scotland are accessible to wheelchair users – falling to 2% when other disabilities are included – research by a London personal injury firm has found.

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Blog

23 November 2020

Technicalities and realities – the battle over clin neg ATE premiums

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.

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