The Practical Lawyer


Litigation – assignment

A reminder of the rules on assigning a claim:

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Experts – no natural justice

Remember that an expert’s decision will be binding even if there has been a breach of natural justice, or even if there has been a gross error in his decision.

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Mediation – confidentiality?

To what extent can a court order disclosure of documents (eg offers to settle) in an earlier mediation process?

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Insurance – disclosed details

Knowing how much money is available to a defendant can be a useful piece of information for a claimant when negotiating, but is the claimant entitled to information about the defendant’s insurance arrangements?

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Pt 36 offer – beaten?

The CA decision in Carver [2008]is of great significance to all litigators. Under the old payment-in rules, if a claimant beat a defendant’s payment-in by £1 then the claimant got the costs (ie the payment-in was beaten).

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Receiver – liability for costs?

If a company receiver sues a defendant and loses, can that defendant get a costs order against the receiver personally?

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Arbitration – no anti-suit

The fundamental attraction of an arbitration agreement is that it avoids court litigation. Accordingly, one of the bulwarks of the arbitration process is the ability to get an anti-suit injunction, preventing one of the parties from starting court proceedings. However, the Advocate General has now held that such anti-suit injunctions should not be granted.

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Cross-border – Rome II

Deciding which courts have jurisdiction in a cross-border trading dispute can be difficult. From 1 January 2009, new EU Regs (Rome II), come into force.

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Documents – confidential

It is often thought that commercially sensitive and confidential documents are not discloseable and are therefore safe from production in court. A recent case shows that is not always so.

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Service – on solicitor

A claim form must now be served on the defendant’s solicitor if the defendant, or his solicitor, has given the business address of the solicitor (within the jurisdiction) in writing as the address for service.

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Page 43 of 46

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