Tag Results

High Court orders manual document search in $65m damages claim after concerns over computer review

A High Court judge has ordered a manual search of tens of thousands of documents in a $65m breach of warranty case because of concerns over the claimants’ approach to computer-assisted review. Mr Justice Coulson said disclosure had been “something of a running sore in this case”.

February 22nd, 2018 | No Comments »

Top barristers who refuse to become judges “will destroy infrastructure”, warns Vos

Commercial barristers “of the highest quality” who refuse to become judges will “destroy the very infrastructure that has allowed them to prosper”, the chancellor of the High Court has warned. Sir Geoffrey Vos noted the salary gap between judges and leading commercial lawyers, but said judicial salaries were still good.

January 25th, 2018 | No Comments »

High Court: Litigation funding documents protected by legal advice privilege

The High Court has ruled that a set of litigation funding documents were protected by privilege because they inferred the substantive legal advice that had been given in the underlying dispute. The court also said that it was “not part of our law as to disclosure that every conceivable stone must be turned over”.

December 7th, 2017 | No Comments »

High Court: 10% part 36 uplift applies to damages plus basic interest

The High Court has made it clear that the additional 10% uplift on damages the courts can award for beating a part 36 offer means an uplift on damages plus basic interest. It also said the court’s focus under part 36 must be “upon the conduct of the litigation”, and not on “whether the claimant had led a blameless life up until the moment when a tort was committed against him”.

November 30th, 2017 | No Comments »

Not “wrong in law” for judges to change transcripts

It is not “wrong in law” for judges to amend transcripts of judgments to better explain the reasons behind their decisions, the High Court has held. It said judges “may properly be asked to clarify or amplify the reasons originally given in a judgment” even after delivery of that judgment.

May 19th, 2017 | No Comments »

High Court: part 36 offer meant party could not accept earlier ‘without prejudice’ offer

The High Court has ruled that a claimant’s Part 36 offer was a counter-offer, meaning that an earlier common law offer by the defendants no longer remained open for acceptance. Andrew Hochhauser QC, sitting as a High Court judge, said there was “apparently no authority directly on the point”.

July 15th, 2016 | 1 Comment »

High Court: cost savings of predictive coding “extremely significant”

The High Court has described the cost savings that can be achieved by using predictive coding for disclosure rather than a standard keyword search as “extremely significant”. Mr Registrar Jones was giving the first reported ruling on a contested application for predictive coding.

July 12th, 2016 | No Comments »

High Court: “wholly unrealistic” to expect claimants to issue form on Christmas Eve

A High Court judge said it was “wholly unrealistic” for a law firm defending a breach of contract claim to expect solicitors to issue the claim form “just before or on Christmas Eve”. Roth J said The Khan Partnership was guilty of a “flagrant breach of the rules”.

June 16th, 2016 | No Comments »

High Court rejects defendant’s bid to withdraw admission of liability

A defendant cannot withdraw an admission of liability because the value of a claim has increased, the High Court has ruled. Mrs Justice Laing said the defendant had taken a “commercial decision to avoid the costs of fighting liability”.

May 19th, 2016 | No Comments »

NHSLA ordered to pay indemnity costs for surveillance video “ambush”

The NHS Litigation Authority has been ordered by the High Court to pay indemnity costs after sending a last-minute surveillance video to the claimant’s lawyers which resulted in a trial being vacated. Mr Justice Foskett said he understood why the claimant’s lawyers believed they were victims of a “deliberate ambush”.

May 16th, 2016 | No Comments »