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Civil Justice Council report published today on concurrent expert evidence including "hot-tubbing"
The Civil Justice Council has today published a report on Concurrent Expert Evidence & ‘Hot-Tubbing’ in English Litigation since the ‘Jackson …
Recent decision illustrates dangers of not complying with pre-action protocols
In a recent decision, the County Court ordered a defendant to pay the costs of a claimant who discontinued her claim, reversing the usual costs position. …
Better rights against insurers of 'insolvent' entities - finally here
The Third Parties (Rights against Insurers) Act 2010 will come into force on 1 August 2016, replacing the current legislation (which dates from 1930) and …
Supreme Court holds that a settlement may be set aside for fraud even if fraud was suspected
The Supreme Court has held unanimously that, where a party seeks to set aside a settlement agreement on the grounds that it was induced to enter into it …
Commercial Court finds commitment letter unsigned by one party to be legally binding
The recent decision of the Commercial Court in Novus Aviation Limited v Alubaf Arab International Bank BSC(c) [2016] EWHC 1575 (Comm), serves as a …
Supreme Court rules that a "collateral lie" is immaterial to an insurance claim
In Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG and Others [2016] UKSC 45, the Supreme Court held that policyholders who …
Court of Appeal decision on inconsistency clauses in context of lenders' reliance on contradictory mortgage conditions
A recent Court of Appeal decision provides a useful reminder of the courts' approach to resolving inconsistency in cases where there is an …
Supreme Court reformulates test for when a claim will fail due to illegality
The Supreme Court has established a new approach to the question of whether a defendant will be able to rely on the defence of illegality: Patel …
Supreme Court clarifies status of Privy Council decisions
The Supreme Court has confirmed that, subject to one qualification, the English courts should never follow a decision of the Privy Council if it is …
Supreme Court finds tort of malicious prosecution extends to civil claims
The Supreme Court has held, by a majority of 5 to 4, that the tort of malicious prosecution is available for civil as well as criminal claims: Willers v …
Court of Appeal finds judge was wrong to exclude one claimant from court while the other claimant gave evidence
The Court of Appeal found that a judge had been wrong to make an order excluding one claimant from court while the other claimant gave evidence, despite …
High Court decision highlights that service of proceedings in another EU member state must be carried out under the EU Service Regulation
A decision of the High Court has highlighted a trap for the unwary when serving proceedings in another EU member state: it is not sufficient to serve …
Showing 60 out of 121 results
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Alan Watts
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