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Our first annual disputes client conference: Trends in international dispute resolution
On Monday 12 November, we held our first annual Herbert Smith Freehills disputes conference "Trends in international dispute resolution". Following …
Part 36 offers in context of counterclaims and negative declarations
A recent High Court judgment highlights the scope for confusion in applying Part 36 in a case where the formal roles of claimant and defendant do …
Indemnity costs against defendant who failed to accept Part 36 offer that was withdrawn before trial
A recent decision illustrates that the court may award indemnity costs to penalise unreasonable behaviour, including an unreasonable failure to accept a …
Part 36 offers will trump "qualified one-way costs shifting" in personal injury claims
The government has clarified certain aspects of its plans for qualified one-way costs shifting (QOCS), which will apply for …
Part 36: difficulties in split trials
A recent High Court decision has highlighted difficulties arising from the application of Part 36 in the context of split trials, or trials of …
"No good reason" to depart from court approved costs budget
In what is thought to be the first costs management pilot case to proceed to detailed assessment, the court has held that there was no good reason to …
Costs management for most courts from April 2013
The Civil Procedure Rule Committee has approved an amendment to the Civil Procedure Rules (CPR) to introduce "costs management" procedures more widely …
Court of Appeal defends successful party's refusal to mediate
In a rare move, the Court of Appeal has stepped into the shoes of the trial judge and exercised the court's discretion on costs, holding that a …
Moves toward greater use of judicial docketing
One of Lord Justice Jackson's recommendations, in his January 2010 report on civil litigation costs (see our summary of the key recommendations …
Changes to procedures for assessment of costs
The Civil Procedure Rule Committee has approved amendments to implement Lord Justice Jackson's recommendations relating to the assessment of costs, as …
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Key contacts
Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Maura McIntosh
Knowledge Counsel, London
Tracey Lattimer
Knowledge Lawyer, London
Camilla Macpherson
Knowledge Lawyer, London