Lawyers Briefing Notes
Posted by Administrator on Fri, 16 Dec 2011
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.
Posted by Administrator on Fri, 16 Dec 2011
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.
Posted by Administrator on Fri, 16 Sep 2011
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.
Posted by Administrator on Fri, 16 Sep 2011
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)”.
Posted by Administrator on Tue, 22 Feb 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’?
Posted by Administrator on Tue, 22 Feb 2011
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.
Posted by Administrator on Mon, 21 Feb 2011
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.
Posted by Administrator on Tue, 18 Jan 2011
State Your Case
Party penalised for not properly pleading its claim.
Posted by Administrator on Tue, 18 Jan 2011
Pre-action Admissions
Where liability has been admitted prior to the issue of proceedings, it does not automatically follow that the court will hold a defendant to that admission if, on the facts of the case, it would be unfair to do so.
Posted by Administrator on Mon, 13 Dec 2010
Costs Liability: Discontinuance under CPR 38.6(1)
Does saving costs and time justify a departure from the general rule that a party who is served with a notice of discontinuance can recover their costs from the discontinuing party?
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