Court procedure

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  • Contract law update

    Seminar

    Submitted: 18 May 2017

    In this session we look at recent developments in the law in relation to contractual interpretation, implied terms, and excluding indirect and consequential loss. We predict the death of implied contractual obligations of good faith, and consider the importance of governing law and choice of forum clauses, and the implications of Brexit for such clauses.

  • Security for costs: when a company refuses to reveal its financial position

    Article

    Submitted: 04 April 2017

    ​How will the court approach an application for security for costs against a corporate claimant that is reticent about revealing details of its financial position?

  • UK implements the Damages Directive

    Article

    Submitted: 21 March 2017

    Regulations implementing the EU Damages Directive in the UK are now in force.

  • EU Court Ruling on PIP/TÜV Rheinland case raises more questions regarding Notified Body liability

    Article

    Submitted: 06 March 2017

    ECJ delivered the much anticipated decision on the interpretation of Directive 93/42/EEC regarding Notified Body liability in relation to the EC declaration conformity procedure.

  • A "use"ful clarification of the collateral use restrictions in CPR 31.22 and CPR 32.12

    Article

    Submitted: 22 February 2017

    ​Mr Justice Knowles has provided useful clarification as to how a party in possession of documents and witness statements received in earlier proceedings should go about reviewing and disclosing those documents in new proceedings, given the restrictions on collateral use.

  • Abuse of process and prior arbitral awards

    Article

    Submitted: 19 January 2017

    Where a party has lost on an issue in an arbitration, can it re-argue that issue in a litigation claim against another party?

  • Disputes 2017: New rules on disclosure?

    Article

    Submitted: 09 January 2017

    Despite comments from senior judiciary that new rules are not needed, 2017 is likely to see proposals for a complete revision of the process.

  • Disputes 2017: Shorter trials

    Article

    Submitted: 09 January 2017

    The Shorter Trials Scheme has seen its first case reach judgment in 2016, but take up and the impact of appeals remain to be seen.

  • Disputes 2017: Civil and criminal crossover

    Article

    Submitted: 09 January 2017

    The trend of civil proceedings arising out of, and running in parallel to, criminal investigations and prosecutions looks set to continue.

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