Mediation in England and Wales – OUT-LAW.com

Posted October 8th, 2024 in Commercial Court, county courts, dispute resolution, fees, news by sally

‘Mediation is a voluntary and confidential process using the services of a mediator, who is a neutral third party who will attempt to facilitate negotiation by the parties of an agreed settlement.’

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OUT-LAW.com, 7th October 2024

Source: www.pinsentmasons.com

English institutions and law popular for global dispute resolution – OUT-LAW.com

Posted September 16th, 2024 in arbitration, bills, Commercial Court, dispute resolution, news by tracey

‘New research shows the important role that English law, courts and arbitration bodies play in dispute resolution in a competitive global market, experts have said.’

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OUT-LAW.com, 13th September 2024

Source: www.pinsentmasons.com

Granville Technology Group Limited and others v LG Display Co Ltd and others – Blackstone Chambers

Posted March 20th, 2024 in chambers articles, Commercial Court, company law, damages, news by sally

‘The Commercial Court has handed down judgment in the follow-on damages claim brought by a group of computer retailers, formerly trading under the Tiny and Time brand names, against certain manufacturers of LCD panels who had been found to have infringed Article 101 TFEU in European Commission Decision Comp/39.309 – LCD – Liquid Crystal Displays. This constitutes only the third ever cartel damages judgment given by a Court in the United Kingdom (after the Britned and Trucks litigation). Hanif Mussa KC acted as the advocate for LG Display Co Ltd and LG Display Taiwan Co Ltd at the 5-week trial.’

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Blackstone Chambers, 9th February 2024

Source: www.blackstonechambers.com

High Court laments “wholly unacceptable” last-minute adjournment – Legal Futures

Posted November 17th, 2023 in adjournment, arbitration, charging orders, Commercial Court, costs, news by tracey

‘A Commercial Court judge has blamed a claimant “in large part” for the “wholly unacceptable” last-minute adjournment of their case after he had begun pre-reading for it.’

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Legal Futures, 17th November 2023

Source: www.legalfutures.co.uk

Wasted Costs in the Commercial Court – Hailsham Chambers

‘In King v Stiefel (Wasted Costs) [2023] EWHC 453 (Comm), the Commercial Court emphatically rejected applications for wasted costs against a barrister and his instructing solicitors, in relation to a claim which had been struck out. The case is a good example of how difficult it is to obtain a wasted costs order against lawyers. William Flenley KC acted for the successful solicitors.’

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Hailsham Chambers, 8th March 2023

Source: www.hailshamchambers.com

Legal remedies for victims of investment scams: the decision in Hamblin v World First – New Square Chambers

Posted May 23rd, 2022 in assets recovery, banking, chambers articles, Commercial Court, fraud, news by sally

‘The case of Hamblin v World First 2020 EWHC 2383 (Comm), decided by His Honour Judge Pelling QC, “the Judge”, in the London Circuit Commercial Court, is topical because it represents a claim made by the victim of a scam, Mr Hamblin, to recover his losses not directly from the fraudsters as the direct beneficiaries of the scam, but from the payment service provider, here World First, the company that received the monies from Mr Hamblin into an account set up by the fraudsters, and which, acting on instructions from those fraudsters, arranged for the onward payment of those monies. No allegation of dishonesty was made against the payment service provider nor was it suggested that the payment service provider had actual knowledge of the scam.’

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New Square Chambers, 13th May 2022

Source: www.newsquarechambers.co.uk

Commercial Court “actively looking” to hear cases outside London – Legal Futures

Posted May 12th, 2022 in Commercial Court, judiciary, lists, London, news by sally

‘The judge in charge of the Commercial Court has said she is “actively looking” for cases that can be heard outside of London.’

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Legal Futures, 11th May 2022

Source: www.legalfutures.co.uk

Let juniors conduct more advocacy, Commercial Court says – Law Society’s Gazette

Posted February 7th, 2022 in advocacy, barristers, case management, Commercial Court, news by tracey

‘Parties before the Commercial Court have been encouraged to allow junior barristers to conduct more advocacy.’

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Law Society’s Gazette, 3rd February 2022

Source: www.lawgazette.co.uk

High Court allows in-house lawyer to appear in $213m contract battle – Legal Futures

‘The High Court has taken the unusual step of allowing a Hong Kong media company to be represented in court by its in-house lawyer in a $213m contract dispute after its external solicitors withdrew.’

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Legal Futures, 17th January 2022

Source: www.legalfutures.co.uk

Speech by the Lord Chief Justice on the 125th anniversary of the Commercial Court – Courts & Tribunals Judiciary

Posted October 8th, 2021 in Commercial Court, speeches by tracey

‘Speech by the Lord Chief Justice on the 125th anniversary of the Commercial Court.’

Full speech

Courts & Tribunals Judiciary, 7th October 2021

Source: www.judiciary.uk

Transparency 1 – 0 Confidentiality?: Manchester City v The Premier League in the Court of Appeal – Littleton Chambers

‘The Court of Appeal this week handed down its decision in Manchester City Football Club Ltd v The Football Association Premier League & Ors [2021] EWCA Civ 1110, the latest judgment to consider the difficult tension that exists between the generally confidential nature of sports arbitration and the desirability of transparency where matters of public interest arise.’

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Littleton Chambers, 22nd July 2021

Source: littletonchambers.com

Commercial Court urges more use of junior advocates – Litigation Futures

‘The Commercial Court and COMBAR are looking at ways to ensure that junior advocates can get more time on their feet, encouraging solicitors and clients to consider their use on discrete issues.’

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Litigation Futures, 4th December 2020

Source: www.litigationfutures.com

FCA Covid-19 test case headed for Supreme Court, lawyers predict – Litigation Futures

Posted September 16th, 2020 in appeals, Commercial Court, coronavirus, insurance, news, Supreme Court by michael

‘Lawyers are already predicting a leapfrogged appeal to the Supreme Court after the High Court handed down its ruling in the Financial Conduct Authority’s (FCA) business interruption insurance test case.’

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Litigation Futures, 15th September 2020

Source: www.litigationfutures.com

Commercial Court dislikes pre-action disclosure in prof neg claims: even in mega-auditor’s negligence action – Hailsham Chambers

‘In Carillion v KPMG, the liquidators of this once substantial company sought pre-action disclosure from its former auditors. They intend to bring professional negligence proceedings for not detecting that the financial statements were unreliable. The Commercial Court refused the application. One might think that given auditors’ negligence claims in large part turn on professional judgment as to the audit procedures performed, the evidence obtained and the conclusions drawn, clear sight of the materials produced and relied on by the auditors would enable better focussed pleadings. Nonetheless the Commercial Court refused the application (which had admittedly spun into a substantial hearing with apparently more than £500,000 costs on each side). It pointed out that generally such applications were unlikely to succeed in Commercial Court cases and on the facts was not appropriate. The Judge seems to have been most impressed by the fact that Carillion had been able to articulate a detailed case in negligence already, rendering pre-action disclosure perhaps redundant and likely to be duplicated when it came to conventional disclosure.’

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Hailsham Chambers, June 2020

Source: www.hailshamchambers.com

Commercial litigation dipped before lockdown – Litigation Futures

Posted June 1st, 2020 in Commercial Court, coronavirus, foreign jurisdictions, news, statistics by sally

‘Litigation in London’s commercial courts dipped before the UK lockdown at the end of March, new figures have revealed.’

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Litigation Futures, 1st June 2020

Source: www.litigationfutures.com

Commercial Court refuses split liability and quantum trial in cartel competition damages claim which included a ‘follow on claim’ (Daimler AG v Walleniusrederierna Aktiebolag) – Henderson Chambers

Posted April 22nd, 2020 in chambers articles, Commercial Court, competition, damages, news by sally

‘Bryan J refused an application for a split trial in a partial follow-on cartel competition claim. Even though part of the claims were standalone, it was always going to be difficult to persuade the court into a split trial (liability and quantum) where the follow-on claims require no liability findings. Written by Adam Heppinstall, barrister, at Henderson Chambers.’

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Henderson Chambers, 16th April 2020

Source: www.hendersonchambers.co.uk

Commercial Court ends “ready approval” of long witness statements – Litigation Futures

Posted March 16th, 2020 in Commercial Court, evidence, limitations, news, witnesses by sally

‘The current Commercial Court practice of readily granting applications seeking an extension of the 30-page limit for witness statements is to end, the judge in charge has said.’

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Litigation Futures, 12th March 2020

Source: www.litigationfutures.com

Commercial Court clamps down on lengthy witness statements – Law Society’s Gazette

Posted March 12th, 2020 in Commercial Court, documents, expert witnesses, news, witnesses by tracey

‘The Commercial Court is cracking down on excessively long witness statements, introducing a new set of rules for documents more than 30 pages long.’

Full notice

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Law Society's Gazette, 11th March 2020

Source: www.lawgazette.co.uk

Inadequate time estimates a “problem” in Commercial Court – Litigation Futures

Posted February 19th, 2020 in Commercial Court, delay, news, sanctions by sally

‘Parties under-estimating the time required to argue applications in the Commercial Court – especially where the parties seek a Friday listing – is a “significant current problem”, a judge has warned.’

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Litigation Futures, 19th February 2020

Source: www.litigationfutures.com

Commercial Court aims to tackle listing issues – Litigation Futures

‘The Commercial Court has pledged to try and eliminate listing issues that have occurred in the past year amid a reduction in the number of available judges.’

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Litigation Futures, 13th February 2020

Source: www.litigationfutures.com