The Practical Lawyer


Privilege – commercial clients

There are two main types of legal privilege: legal advice privilege, and litigation privilege.

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Insurance – disclosure to claimant?

Insurers have long resisted any suggestion that defendants should be obliged to reveal the extent of their insurance cover to claimants. The argument, of course, is that this will undermine the insurers negotiating position (although we are not sure we really understand the logic of that argument).

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Service – extension of time?

The new rules on service which came into force in October make no change to the principles on applying for extension of time for service of the claim form. The bottom line is that this is a very dangerous step for any claimant to take.

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Rome II – applicable law

Rome II makes important changes to deciding what is the applicable lawwhen dealing with foreign claims. Rome II applies to all non-contractual claims arising out of tort.

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Statement of truth – corporation

A statement of truth must be signed by a person on behalf of a company or other corporation. It can be signed by the legal representative, but otherwise it must be signed by someone holding a ‘senior position’ in the company or corporation.

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Mortgage – protocol

The new mortgage possession pre-action protocol has attracted considerable publicity. But, what sanctions are there for non-compliance by a lender – and could the defendant argue that the court should strike out or dismiss the lender’s claim because of that breach?

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Discovery – electronic

Traditionally, a solicitor could discharge his disclosure obligations to the court by simply collecting, reviewing and disclosing the client’s hard copy files.

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CFA – retrospective success fee

The High Court has held that a retrospective success fee is not against public policy, and therefore may be claimable.

The case involved a housing disrepair claim.

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Insolvent company – suing

If a company is dissolved then it is no longer a legal entity – which means that proceedings cannot be commenced against it (and any proceedings wrongly commenced will be a nullity).

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Arbitration – anti-suit injuction

As expected, the ECJ has upheld the opinion of the Advocate General and decided that English courts cannot use anti-suit injunctions to stop proceedings in other EU jurisdictions.

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Privacy policy
Friday, 07 September 2018
The Practical Lawyer and its registered parent company, Legalease Ltd, are committed to protecting and respecting your privacy in accordance with the law.This page sets out Legalease’s privacy... Read more...

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