Lawyers Briefing Notes
Part 36 Developments
This recent case attempts to clarify the complicated differences between an ‘old’ Part 36 offer, a ‘new’ one, a quasi-Part 36 offer and a Calderbank offer.
Insurance Brokers and the Duty to Prevent Perils
Where an assured suffers an uninsured loss as a result of a peril which their broker has undertaken to obtain insurance cover for, that broker may be held liable for failing to obtain adequate insurance.
Forum Conveniens and Jurisdiction Clauses
In SMS Ship Management Services SDNBHD v Uni.Asia General Insurance Berhad [2011] EWHC 643 the ability of a foreign court to determine a case by reference to English law, under an English law jurisdiction clause, is a relevant factor to consider in determining forum conveniens.
Indemnity Costs: pursuing a weak claim
Costs under CPR Part 44.4 are awarded on a standard or indemnity basis. If a party is awarded costs on an indemnity basis the court will resolve any doubt about the reasonableness of the costs claimed in favour of the receiving party.
Fraudulent Claims: Contempt of court proceedings: Excusable delay
Proceedings for contempt of court are not a common feature in the court listings and whilst there is no denying that fraudulent claims are a major problem in the UK, this is probably best explained by the evidential burden that defendants and insurers often have to overcome before contemplating such action.
2011 Amendments to the Inter-Club New York Produce Exchange Agreement 1996
The Inter Club agreement (ICA) was drawn up by P. & I. Clubs to facilitate the cost effective allocation of liability for cargo claims between themselves. Last amended in 1996 it has now been revised as the “Inter-Club New York Produce Exchange Agreement 1996 (As Amended September 2011)”.
Security for Costs: CPR 3.1(3)
Should a defendant be deprived of security for its costs in circumstances where the claimant does not have the financial means or insurance to satisfy a judgment of the court; has ‘limited prospects of success’ and whose conduct has been criticised as ‘leaving a lot to be desired’?
Liability for the Criminal Actions of Third Parties
In the recent case of Everett & Anor v Comojo Ltd T/A The Metropolitan & Ors [2011] EWCA Civ 13 the Court of Appeal had to consider whether a private company could be liable for the criminal actions of a third party.
Success Fees – An Infringement of Human Rights?
On 18 January 2011 the European Court of Human Rights (ECHR) in handing down its judgment in MGN Limited v The United Kingdom (Application No. 39401/04) placed a large question mark over the future of success fees.
Implementation of the Bribery Act 2010 delayed
The Ministry of Justice has decided to delay the implementation of the Bribery Act.
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