Category: Court of Appeal

expert evidence remote hearings

Expert Witnesses: Guidance on giving remote evidence

There are, as a result of coronavirus restrictions, bound to be many more remote and virtual hearings as courts, tribunals and other forms of dispute resolution adapt to appropriate new ways of working. The guidance sets out the best ways to prepare for hearings proceeding remotely.

financial services litigation advice

Bridging Loans: When are interest rates & charges unfair?

Bridging loans are a complex subject matter and which most generalist lawyers simply won’t be familiar with or understand to a level adequate enough to be able to recognise and formulate a mis-selling claim. Our financial services litigation team will ensure your bridging finance mis-selling claim achieves the best possible result in terms of putting you back in the position your business would have been in but for the mis-sold short term loan.

failure to mediate costs

The Cost of an Unreasonable Refusal to Mediate

All solicitors have a duty to advise their clients about alternative dispute resolution (ADR), including mediation. Along with the ADR requirements in the pre-action protocols, the CPR and court schemes, overall, mediation is an option that must be considered by parties both before and during litigation (and a failure to do so can lead to costs penalties).

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Norwich Pharmacal Relief: Non-party disclosure sought from Bank

The Court of Appeal considered the rules regarding Norwich Pharmacal applications for non-party disclosure and the costs of the same. The decision concerning Natwest bank and a limited company, provides helpful guidance to parties when making applications for third party disclosure and understanding the importance of pre-action correspondence which will impact any order for costs.

uk supreme court lexlaw litigation

The Doctrine of Legal Precedent: When is a Court decision binding?

The doctrine of precedent is one of the most important features of the law of England and Wales. It is important to understand in litigation when and if a past court decision is binding on subsequent courts. It can mean the difference between winning and losing a case.

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Court of Appeal: Indemnity costs order for “speculative” claims are not constrained by approved costs budget

In Lejonvarn v Burgess and Burgess [2020] EWCA Civ 114, the Court of Appeal have confirmed that the High Court was wrong not to punish the claimants who pursued…

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Is an email confidential if I copy in a lawyer? Court of Appeal clarifies the scope of legal advice privilege

The Court of Appeal handed down a significant decision on 28 January 2020 in Civil Aviation Authority v R (on behalf of the application of Jet2.com Ltd) [2020]…