Civil Procedure Rule 44.10 makes clear that, where an order is silent as to costs, no party is entitled to the costs in relation to that order. In Ashok Kapoor v Baltaj Johal [2024] EWHC 551 (KB), Julian Knowles J considered an …
Read More
Articles
Conditions On Permission To Appeal
An order giving permission to appeal may be made subject to condition. In the recent case of Palladian Partners LP and others v The Republic of Argentina and another [2024] EWCA Civ 139, the Court of Appeal made an order granting Argentina …
Read More
Testing For Bias In Arbitration
In the leading case of Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, the Supreme Court provided important clarification on how apparent bias will be assessed by the courts. The test for assessing arbitrator bias is objective and involves asking …
Read More
Disclosure And Non-Party Costs Orders
The courts may, pursuant to section 51 of the Senior Courts Act 1981, make a costs order against non-parties to proceedings (NPCO). Whether an order should be made is clearly a matter in the discretion of the court and will …
Read More
Court Discretion And Dispute Resolution Clauses
In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd and others [2024] EWHC 37 (TCC), the Technology and Construction Court considered whether a dispute resolution clause (DR clause) which required the parties to engage with adjudication before proceeding to …
Read More
Churchill: Courts Have Power To Compel Parties To Engage With ADR
In a landmark decision, the Court of Appeal in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 has held that the courts can order the parties to engage in alternative dispute resolution (ADR), or stay the proceedings to enable …
Read More
ARBITRATION: THE $2BN QUESTION
The UK Supreme Court’s guidance on applying for a stay under section 9 of the Arbitration Act 1996 In the recent case of Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) & Ors [2023] UKSC 32, the UK Supreme Court …
Read More
Without Prejudice Correspondence
In Jones v Tracey [2023] EWHC 2256 (Ch), Master Marsh held that correspondence between lawyers concerning the possibility of alternative dispute resolution (ADR) is to be regarded as ‘open’, regardless of whether that correspondence is marked ‘without prejudice’. He also refused to …
Read More
Denton And Default Judgement Applications
Prior to the recent decision of FXF v (1) English Karate Federation Ltd, (2) Ishinryu Karate Association [2023] EWCA Civ 891, there was procedural uncertainty on the issue of whether the three-stage test of Denton v TH White Ltd [2014] …
Read More
PERMITTING PARTIES TO REPLACE EXPERTS
It is trite law that the court’s permission is required before an expert’s report can be relied upon, replaced or before an expert can be called to give oral evidence (CPR r.35.4). In Avantage (Cheshire) Limited & Others v GB …
Read More