The Practical Lawyer


Defamation – injunction

We all know that Max Mosley tried – and failed – to get an injunction against the News of the World (in relation to his ‘private’ activities). In particular, he wanted the paper to take down the explicit video of his sex sessions that had been posted on the paper’s internet site (and which he argued was an invasion of his privacy).

Subscribers only...

Litigation – assignment

A reminder of the rules on assigning a claim:

Subscribers only...

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.

Subscribers only...

Mediation – confidentiality?

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

Subscribers only...

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?

Subscribers only...

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).

Subscribers only...

Receiver – liability for costs?

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

Subscribers only...

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.

Subscribers only...

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.

Subscribers only...

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.

Subscribers only...

Page 45 of 48

Most-read articles

Could you write for The Practical Lawyer?

We are looking for help! If you can write in a practical, easy style, about a range of legal topics then please email a short CV to


IAG International
Join the IBA now!
MSI Global Alliance
In House Lawyer