COST BITES 178: VALIDITY AND ENFORCEABILITY OF CONTENTIOUS BUSINESS AGREEMENT UPHELD ON APPEAL
In Finnan v Candey Ltd [2024] EWHC 2157 (Ch) HHJ Cadwaller dismissed an appeal against a finding that a solicitor and client had entered into a valid contentious business agreement. The judge held that the finding below, that the appellant…
WHEN REMOTE HEARINGS GO WRONG: AND STRUGGLING THROUGH TO PUT THEM RIGHT – AT WHOSE COSTS?
I often listen to, and read, official statements about remote hearings with a degree of scepticism. The impression is given that things are going smoothly. The reality is that things are often going awry and it is taking a great…
THE COVERT RECORDING OF AN EXPERT’S EXAMINATION – THE SEQUEL: DEFENDANT GIVEN PERMISSION TO OBTAIN NEW EXPERT
In October last year I wrote about the case of Mustard v Flower & Ors [2019] EWHC 2623 (QB). The claimant recorded her consultation with the defendant’s medical expert and was given permission to produce these in evidence. That case has…
WITNESS CREDIBILITY 3: A JUDGMENT FROM TODAY: CREDIBILITY A CENTRAL PART OF THE CASE
This is the third post today about the subject of the assessment of witness credibility. By a curious piece of good planning it comes from a judgment today in Jiangsu Shagang Group Co Ltd v Loki Owning Company Ltd [2018] EWHC…
RECOVERING LITIGATION FUNDING COSTS: A HIGH COURT CASE -BUT ABOUT ARBITRATION PROCEEDINGS
I am grateful to Professor Dominic Regan and Nicholas Bacon QC for sending me a copy of the decision in Essar Oilfields -v- Norscot [2016] EWHC 2361 (Comm).A decision of His Honour Judge Waksman QC sitting as a Judge of…
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