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Civil Justice Council recommends expansion of collective action regime
On 5 August 2008, the Civil Justice Council (CJC), the advisory body responsible for co-ordinating the modernisation of the civil justice system, made 11 …
Contractual damages
The judgment of the House of Lords in Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) [2008] UKHL 48 considered the law on recoverable …
No jurisdiction to order disclosure of insurance cover
In a recent decision, the High Court has stated that it has no jurisdiction to order disclosure of insurance cover under CPR 18: West London Pipeline and …
Conduct at mediation and its impact on costs assessed by the courts
In two recent cases (7th Earl of Malmesbury and others v Strutt & Parker [2008] EWHC 424 (QB) and Nigel Witham Ltd v Robert Smith and others [No.2] …
Think carefully before refusing to mediate
The court may penalise a party in costs even if it takes the view that any mediation would have been unlikely to succeed: Attorney General of Zambia v …
Ensure all important terms are set out in a settlement agreement
Failure to do so may result in the agreement being incomplete for uncertainty: Western Broadcasting Services v Seaga [2007] UKPC 19 and Brown v Rice and …
Do not be complacent in resisting a summary judgment application
In resisting a summary judgment application, the respondent must put forward sufficient evidence to satisfy the court that it has a real prospect of …
Make it clear whether or not communications are intended to be "without prejudice"
Otherwise there is a risk that the court will find they were intended to be on an open basis: English & American Insurance Co Ltd v Axa Re SA [2006] …
Decide at an early stage whether to challenge service / jurisdiction
Failure to comply with strict procedural rules may result in waiver of the right to challenge: Hoddinott and others v Persimmon Homes (Wessex) Ltd [2007] …
Court of Appeal rules on audit liability
In its first full ruling on audit liability for several years, the Court of Appeal has upheld the first instance decision in the MAN/Freightliner …
House of Lords ruling expands availability of compound interest
The House of Lords has held that compound interest is recoverable in a claim for restitution of money paid under a mistake of law and, although strictly …
Abuse of the court process for issuing a Claim Form
A recent decision of the High Court has clarified the circumstances in which the issue of a Claim Form will constitute an abuse of the court process: …
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Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
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Knowledge Counsel, London
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Knowledge Lawyer, London
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