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## Posts

- [Articles](https://docketlive.co.uk/articles/)
- [Costs Risks and Credit Hire](https://docketlive.co.uk/2025/06/27/costs-risks-and-credit-hire/) - In Kindertons Ltd v Murtagh [2024] EWHC 471 (KB), which we examined in a July 2024 article (see tinyurl.com/29jetu66), the High Court upheld a non-party costs order (NPCO) against a credit hire company. The decision confirmed that the financial interest and control exercised by credit hire providers over proceedings can justify such orders, even in the absence
- [The Separability Of Expert Determination Clauses](https://docketlive.co.uk/2025/01/10/the-separability-of-expert-determination-clauses/) - Before the recent decision in Dandara South East Ltd v Medway Preservation Ltd & Anor [2024] EWHC 2318 (Ch), there was no decided authority on the question of whether an expert determination (ED) clause can be separable from the underlying agreement, in the way that an arbitration clause is separable from the agreement (Fiona Trust
- [The Ins And Outs of Adjourning a Trial](https://docketlive.co.uk/2025/06/09/the-ins-and-outs-of-adjourning-a-trial/) - In the recent case of Manchester Property Development Holdings and Stephen Beech v Kuit Steinart Levy [2025] EWHC 35 (Comm), Dame Clare Moulder DBE adjourned a substantial trial due to take place in the Commercial Court after leading counsel for the defendant was unexpectedly taken ill. The judge concluded that a fair trial could not be guaranteed
- [Mandatory Laws at the Seat of Arbitration](https://docketlive.co.uk/2025/06/06/mandatory-laws-at-the-seat-of-arbitration/) - In arbitration, the parties are free to choose the law to determine the substantive issues in dispute (the substantive law). This freedom is recognised by section 46(1)(a) of the Arbitration Act 1996 (the 1996 act) which requires the arbitral tribunal to decide the issues in dispute in accordance with the law chosen by the parties
- [Pre-Action Protocols, ADR and Churchill](https://docketlive.co.uk/2025/05/16/pre-action-protocols-adr-and-churchill/) - Although Churchill v Merthyr Tydfil [2023] EWCA Civ 1416 is concerned with the power to compel parties to engage in alternative dispute resolution (ADR) during court proceedings, it may also be relevant to the pre-action stage of disputes. This is because pre-action protocols have become increasingly interconnected with the court process (see Jet2 Holidays Ltd v Hughes [2019] EWCA
- [Christmas and New Year courts and tribunals opening times 2022](https://docketlive.co.uk/2022/12/06/christmas-and-new-year-courts-and-tribunals-opening-times-2022/) - Ministry of Justice has published court holidays. Details of courts and tribunals opening times over the Christmas and New Year bank holidays can found here: https://www.gov.uk/government/news/christmas-and-new-year-courts-and-tribunals-opening-times-2022 The closure dates for this year are Monday 26 December 2022 Tuesday 27 December 2022 Wednesday 28 December 2022 Monday 2 January 2023 Some magistrates’ courts will be open
- [INDEMNITY COSTS AND UNREASONABLE LITIGATION BEHAVIOUR](https://docketlive.co.uk/2022/12/08/indemnity-costs-and-unreasonable-litigation-behaviour/) - Masood Ahmed, University of Leicester and Lal Akhter, Docket Live & Med Chambers, Leicester In civil litigation, costs will either be assessed on the standard basis or the indemnity basis; the default position is the standard basis. A court may, however, order costs on the indemnity basis if the circumstances of the case justify such
- [RELIEF FROM SANCTION](https://docketlive.co.uk/2023/01/30/relief-from-sanction/) - The Denton Test and Relief from Sanctions: Denton (Denton v TH White [2014] EWCA Civ 906) provides a three-stage test for applications for relief from sanctions: The court should assess the seriousness and significance of non-compliance with orders. The court should consider the reasons for the default; and The court should take into consideration all
- [THE COSTS OF ABANDONING CAUSES OF ACTION](https://docketlive.co.uk/2023/02/13/the-costs-of-abandoning-causes-of-action/) - What is the approach of the court on costs when a party abandons part of its case? This issue recently came before Mr Justice Foxton in Skatteforvaltningen (The Danish Customs and Tax Administration) (“SKAT”) v Solo Capital Partners LLP (In Special Administration) & others [2022] EWHC 2969 (Comm). The Principles The court has a discretion
- [Without Prejudice Correspondence](https://docketlive.co.uk/2023/02/20/without-prejudice-correspondence-2/) - 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 penalise the successful claimant for failing to engage with mediation. Following the determination of the
- [IMPARTIALITY OF EXPERT WITNESSES](https://docketlive.co.uk/2023/02/22/impartiality-of-expert-witnesses/) - Expert witnesses are often called upon to provide their opinions on technical and complex issues in legal proceedings. The impartiality of expert witnesses is critical to ensure that their opinions are objective and unbiased. Impartiality is especially important because expert witnesses can have a significant impact on the outcome of a case. This article will
- [PART 35 OF THE CIVIL PROCEDURE RULES](https://docketlive.co.uk/2023/02/23/part-35-of-the-civil-procedure-rules/) - Part 35 of the Civil Procedure Rules in the United Kingdom deals with expert evidence. In litigation, expert evidence is often necessary to assist the court in understanding complex issues that are outside the expertise of a layperson. This can range from medical and scientific evidence to financial and technical evidence. Part 35 sets out
- [SUMMARY OF CPR PART 35 BY SECTIONS](https://docketlive.co.uk/2023/02/24/summary-of-cpr-part-35-by-sections/) - Part 35 of the Civil Procedure Rules (CPR) governs expert evidence in civil proceedings in England and Wales. The part is divided into several sections, each of which addresses specific issues related to the use of expert evidence. This article will provide an analysis of each section of Part 35 and examine relevant case law.
- [JURISDICTION OVER SUMMARY ASSESSMENT OF COSTS](https://docketlive.co.uk/2023/09/26/jurisdiction-over-summary-assessment-of-costs/) - Is a judge permitted to order costs to be summarily assessed in a different court by a different judge or must a summary assessment be undertaken by the judge making the order for summary assessment, whether at the same time or in the future? This was the question that came before the Court of Appeal
- [PERMITTING PARTIES TO REPLACE EXPERTS](https://docketlive.co.uk/2023/09/27/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 Building Solutions Limited (in administration) & Others [2023] EWHC 802 (TCC), Mrs Justice O’Farrell (pictured
- [Denton And Default Judgement Applications](https://docketlive.co.uk/2023/10/03/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] EWCA Civ 906 on relief from sanctions applied to applications to set aside default judgement
- [Without Prejudice Correspondence](https://docketlive.co.uk/2023/10/20/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 penalise the successful claimant for failing to engage with mediation. Following the determination of the
- [ARBITRATION: THE $2BN QUESTION](https://docketlive.co.uk/2023/12/15/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 provided important guidance concerning the interpretation and application of section 9 of the Arbitration Act
- [Churchill: Courts Have Power To Compel Parties To Engage With ADR](https://docketlive.co.uk/2023/12/21/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 them to engage in ADR, provided that the order or stay does not undermine the
- [Court Discretion And Dispute Resolution Clauses](https://docketlive.co.uk/2024/02/02/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 litigation, ousted the jurisdiction of the court. The fourth defendant local authority applied for an
- [Disclosure And Non-Party Costs Orders](https://docketlive.co.uk/2024/02/23/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 turn on the particular facts of the case. Furthermore, where a power exists to grant
- [Testing For Bias In Arbitration](https://docketlive.co.uk/2024/03/15/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 whether a fair-minded and informed observer would find that there was a real possibility of
- [Conditions On Permission To Appeal](https://docketlive.co.uk/2024/04/19/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 permission to appeal the first instance judgment conditional on Argentina paying €310m to be held
- [Silence In The Face Of An Invitation To ADR](https://docketlive.co.uk/2024/06/14/silence-in-the-face-of-an-invitation-to-adr/) - It is trite law that, where a party unreasonably refuses to engage with an alternative dispute resolution (ADR) procedure, that party risks being penalised in costs (Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576). Remaining silent in the face of an invitation to engage with ADR is, as a general rule, unreasonable conduct,
- [Non-Party Costs Orders And Credit Hire Disputes](https://docketlive.co.uk/2024/07/19/non-party-costs-orders-and-credit-hire-disputes/) - In Kindertons Ltd v (1) Georgina Murtagh (2) Esure Services Ltd [2024] EWHC 471 (KB), Turner J considered a challenge to a non-party costs order (NPCO). The trial judge found that the damages claimed by the claimant in her personal injury matter had not been caused in the accident and that the claimant and her husband were
- [Orders and Costs Recovery](https://docketlive.co.uk/2024/05/17/574/) - 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 appeal challenging an order which sought to vary earlier orders which did not deal with
- [Churchill And New ADR Rules](https://docketlive.co.uk/2024/11/14/churchill-and-new-adr-rules/) - On 1 October 2024, the new Civil Procedure Rules (CPR) on alternative dispute resolution (ADR) came into effect to reflect the landmark decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416, in which the Court of Appeal held that the courts could compel disputing parties to engage with ADR. In this article, we briefly revisit
- [No 'Mediation Privilege' – Yet](https://docketlive.co.uk/2024/12/05/no-mediation-privilege-yet/) - Powerful voices have called for the recognition of a new type of privilege for mediators – a ‘mediation privilege’. This would be wider than the established without prejudice privilege rule (for example, see Briggs J, as he then was, ‘on the search for a proportionate way of ensuring confidentiality in mediation’ ((2009) NLJ). The opportunity
- [Without Prejudice Communications](https://docketlive.co.uk/2025/02/21/without-prejudice-communications/) - In Morris v Williams [2025] EWHC 218 (KB), District Judge Dodsworth (sitting as a judge of the High Court) considered the ‘unambiguous impropriety’ exception to the without prejudice rule in respect of a letter which had been written by the claimant’s solicitors and marked ‘Without prejudice save as to costs’ (the letter). The law Without

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- [Service](https://docketlive.co.uk/service/) - Expert Witnesses Our expert witness group is associated with subject matter experts who are able to bring their expertise to court....Read More Mediation Mediation provides parties with a way to address a conflict situation before it escalates to the point that the parties go to court....Read More Arbitration Arbitration is a method of settling disputes
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