Alison Kirby is a partner at Howes Percival and a member of the Civil Litigation Section committee. Alison is ranked in the top tier in East Anglia for commercial litigation and insolvency & corporate recovery in the Legal 500.
James Perry, Alison Kirby and Alastair Shaw, members of the Civil Litigation Section committee, discuss recent developments in the case of Barton v Wright Hassall which looks at how litigants-in-person should be treated by the courts when failing to follow court rules.
Alison Kirby analyses this judgment in which the High Court has considered, for the first time, whether the Arkin cap - the principle that a funder’s potential liability for adverse costs will be limited to the amount of the funding provided - still fits.
The recently reported case of London Aviation Ltd v Royal Bank of Scotland plc  EWHC 1037 (Ch) decided that an expert was not ‘reasonably required’ because, on the facts of the case, an expert was unlikely to assist the judge.
An appeal court ruling may have delivered a serious body blow to solicitors offering unbundled services without being held liable for matters beyond those in their client retainer. Alison Kirby discusses the Patel judgment.
Commercial Court rules that the full effect of part 36 was unjust when sterling value had recently fallen against the dollar.