CIVIL PROCEDURE AND COSTS: BLOG AND ARTICLES ROUND UP – FEBRUARY 2020
Links and articles to blog posts and articles available online in February 2020
Costs
Herbert Smith Freehills Court of Appeal decision highlights indemnity costs risk where claimant pursues speculative claims and unreasonably refuses Part 36 offer
Law Society Gazette PI lawyers alive to Supreme Court case on overnight care costs
Law Society Gazette Architect wins ‘eye-watering’ indemnity costs after ‘irrational’ neighbour claims
Law Society Gazette Solicitors spared costs penalty despite filing budget 13 days late
Association for Costs Lawyers Leonard strikes out application for detailed assessment in fixed-costs case
Association for Costs Lawyers Assessment of indemnity costs not constrained by budget, Court of Appeal says
Association for Costs Lawyers CFA without ATE invalid because obtaining cover was condition precedent
Association for Costs Lawyers Points of dispute must ‘determine precisely what is in dispute and why’
Costs Barrister
Brexit and litigation
Herbert Smith Freehills Jurisdiction and enforcement after Brexit transition
Herbert Smith Freehills Cross-border litigation: latest update published
Funding
Herbert Smith Freehills Court of Appeal confirms funders’ adverse costs liability not limited to amount of funding provided: Arkin ‘cap’ not a binding rule
Law Society Gazette Funder exposed to costs as CoA says Arkin rule not binding
Interim Applications
Herbert Smith Freehills Court of Appeal confirms “warehousing” a claim will not necessarily constitute an abuse of process
Herbert Smith Freehills Rule change to clarify default judgment can’t be entered if acknowledgement of service or defence filed before judgment
Disclosure
Herbert Smith Freehills Chancellor of the High Court clarifies aspects of disclosure pilot at disclosure guidance hearing
Privilege
Herbert Smith Freehills Court of Appeal finds regulator cannot demand production of client’s privileged documents unless statute overrides privilege
Contempt of Court
Kingsley Napley What is required to prove contempt of court?
Fundamental Dishonesty
Evidence
Kingsley Napley Loss of Chance claims and the admissibility of ‘new’ evidence
Enforcement
Sanctions
Association for Costs Lawyers Party that inadvertently failed to file costs budget granted relief from sanctions
Litigation Futures
Kerry Underwood
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