All Dispute Resolution articles – Page 19
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Analysis
JE v Secretary of State for the Home Department [2014] EWCA Civ 192
Court of Appeal rules on limits of power under CPR 52.9A to limit costs of appeals in proceedings where recovery is normally restricted.
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Analysis
Ultimate Products Ltd v Wooley [2014] EWHC 2706 (Ch)
Court applied three-stage test in Denton when considering an application for relief from sanctions, and held failure to serve notice of new CFA was not a serious breach.
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Analysis
Wagenaar v Weekend Travel Ltd and Serradj [2014] EWCA Civ 1105
Court of Appeal’s first interpretation of QOCS provisions, including whether the QOCS regime was a valid one and if QOCS applies to Part 20 proceedings between a defendant and a third party.
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Analysis
Kellie & Kellie v Wheatley & Lloyd Architects Ltd [2014] EWHC 2866 (TCC)
Reviews the law relating to conduct and costs; the power to award indemnity costs; and the effect of an order for indemnity costs on a costs budget.
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Analysis
Burrett v Mencap Ltd [2014] EW Misc B50 (CC)
A hearing to determine the costs consequences of a variation to a Part 36 offer.
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Analysis
75th Update to the CPR - what you need to know
The 75th Update to the CPR came into force on 1 October. Cait Sweeney guides us through the main changes that you need to know about.
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FeatureDBAs: Failure to launch
Rocco Pirozzolo on why firms will remain unlikely to use damages-based agreements unless the MOJ reviews the legislation
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FeaturePersonal injury claims: the new "fundamentally dishonest" clause
Stratos Gatzouris on the ‘fundamentally dishonest’ clause in the Criminal Justice and Courts Bill, how it might work in practice and why the debate isn’t over
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FeatureTo mediate or not to mediate?
Mark Field looks at reasons to consider mediation in preference to a joint settlement meeting
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AnalysisConsumer contracts: information for clients
Kerry Underwood on the information clients must now be supplied with before signing a contract
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FAQLibrary FAQ: Scott schedules
The Law Society Library lists resources which contain precedents for Scott schedules
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FeatureDelayed flight claims – what's changed?
Sean Heywood on how two appeal decisions have clarified the position on bringing compensation claims against airlines for delayed flights
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Analysis72nd Update to the CPR and Inheritance Act 1975 claims
The 72nd Update to the CPR came into force on 22 April 2014. Amongst other things, the rules were amended to clarify the courts’ costs management powers and the cases to which costs management will now apply.
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FeatureSafe from harm
Frances Coulson argues that government plans to lift the insolvency litigation exemption are misjudged
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FeatureThe new portal: the view from the courts
Case law relating to portal claims come under Kerry Underwood’s spotlight
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FeatureGoing the distance
Nicholas Bacon KC provides a user guide to the new consumer contracts regime
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Analysis
Denton v TH White Ltd [2014] EWCA Civ 906: relief from sanctions appeals
Earlier this month, the Court of Appeal heard three appeals together which concerned relief from sanctions and the application of Mitchell principles. Cait Sweeney examines the issues and practical implications raised by the hearings.