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Procedure

Non-party – reputational damage?

To what extent can a non-party appeal a court decision because it affects their reputation?

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Costs – interest

It is worth remembering that costs attract a very healthy 8% rate of interest.

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Charging orders – interim

Charging orders are a powerful tool for enforcing judgment debts. Imposing a charging order on land owned by a debtor is equivalent to getting a mortgage over the property. The procedure for applying for a charging order is set out in Part 73:

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Costs – risks

Clients should always be given clear advice about the risk factors on costs recovery. In particular, they will not normally recover all their costs and, in any event, the court has a very wide discretion:

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E-filing – Rolls Building

Since 25 April 2017 the use of the court’s electronic filing system has been mandatory in the Rolls Building. But, it seems that ministerial approval of the necessary PD is required, and that has been delayed by the election. Accordingly, the transitional period remains unclear, but it seems that PD 510 (which governed the previous pilot scheme) is the one to follow (although it does not apply to unrepresented litigants).

 

Arbitration – confidentiality

Arbitration allows parties to resolve their disputes in private. There is far less potential for exposure of trade secrets, proprietary information or business practices, and adverse publicity when disputes are kept out of the public courts. Thus, a key element of London’s status as an arbitration centre is the assumption that arbitration proceedings will be private and confidential.

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Mediation – confidential costs

Generally, documents used in mediation are covered by without prejudice privilege, and thus cannot be used as evidence outside the mediation process. Moreover, the mediation agreement will typically contain confidentiality provisions (ie the parties agree not to disclose or use documents or material produced for the purposes of the mediation for any other purpose).

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Debt claims – protocol

A new pre-action protocol, specifically for debt claims, will come into force on 1 October 2017. At the moment, there is no specific protocol for debt claims, although parties are expected to comply with the existing PD for pre-action conduct.

Note that the protocol applies to ‘any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader)’. Thus it does not apply to business-to-business debts (although it will apply when suing for debt due on a guarantee).

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High Court – business and property

The High Court is creating a Business and Property Courts division by merging the Commercial Court (including the Admiralty Court), the Technology and Construction Court, and Chancery Division.

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Holiday bugs – strict liability

There are those who see holiday bug claims (ie claims for holiday sickness and food poisoning) as the perfect replacement for whiplash. Indeed, the SRA is so concerned that it has asked a dozen of the leading firms to prove that they are not paying referral fees for this work.

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Page 6 of 46

Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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