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Searching Content indexed under Litigation, Mediation & Arbitration by Clyde & Co LLP ordered by Published Date Descending.
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1
Costs: Successful Appeal To High Court's Better Judgment On Part 36
The High Court has overturned a decision which held that the Court may apply the 'injustice' test separately for each part of CPR 36.17(4).
UK
31 Jul 2019
2
Highways Act: Root Cause Of Claimant's Injury Provides Pathway To Appeal Success
The High Court has ruled that in order for a path to be considered a highway maintainable at public expense it need not have been constructed by a highway authority for that purpose
UK
10 Jul 2019
3
Extempore Reprieve For Litigant In Person Appealing Strike-Out
The Supreme Court decision in Barton v Wright Hassall provided clarification on how litigants-in-person should be treated in the civil litigation process.
UK
4 Jul 2019
4
High Court Provides Guidance On Life Expectancy Evidence
The High Court has provided guidance on when it is suitable for bespoke life expectancy evidence to be obtained, whilst re-emphasising the need for parties to discuss expert instructions when they
UK
1 Jul 2019
5
Merinson v Yukos International: Brussels Regulation And Jurisdiction Agreements
Court of Appeal decides the test under the recast Brussels Regulation for a jurisdiction agreement entered into after a dispute has arisen.
UK
4 Jun 2019
6
Airbus SAS v Generali Italia: Declarations and Jurisdiction Clauses
Court of Appeal holds that third party is entitled to a declaration where insurers bring a claim abroad in breach of an English jurisdiction clause in a contract between the insured and the third party.
UK
4 Jun 2019
7
Euro Pools v RSA: Notification of Circumstances
Court of Appeal allows insurer's appeal regarding notification of circumstances
UK
4 Jun 2019
8
Sartex Quilts v Endurance Corporate Capital Ltd: Indemnity On A Reinstatement Basis
Judge considers test for awarding an indemnity under a property policy on a reinstatement basis
UK
4 Jun 2019
9
Patel v Arriva Midlands: Quantum Trials In Personal Injury Claims
Judge considers whether a quantum trial is needed for an insurer's application to strike out a personal injury claim for fundamental dishonesty
UK
4 Jun 2019
10
Vedanta Resources v Lungowe: Service In EU And Non-EU Jurisdictions
The Zambian claimants (a large number of Zambian citizens) allege that the negligence of the operator of a local mine (a Zambian company) caused them personal injury and financial loss.
European Union
27 May 2019
11
Roberts v SSAFA/MOD: Governing Law In A Contribution Claim
Judge decides which law governs contribution claim against German Part 20 defendant
UK
17 May 2019
12
Cathay Pacific v Lufthansa: Considering Foreign Currency Cost Awards And Witness Evidence
Judge decides costs can be awarded in foreign currency and considers witness evidence issue
UK
17 May 2019
13
Cutting Short Your Stay: Impact Of Cameron Decision Seen
The decision of the Supreme Court in Cameron was positively received by insurers, as it confirmed that claimants cannot bring proceedings against an unnamed driver.
UK
16 May 2019
14
UTB LLC v Sheffield United: Standard Disclosure Under The Pilot Scheme
Chancellor of the High Court considers the scope of the disclosure pilot scheme and privilege issues
UK
1 May 2019
15
Bates v Post Office: Apparent Bias And Recusal In Group Litigation
Judge refuses to recuse himself in a group litigation case
UK
1 May 2019
16
Vicarious Liability: Employers Given A Lift Following Christmas Party Injury Decision
The Court of Appeal recently upheld a first instance decision that Cancer Research UK was not vicariously liable for an injury suffered by an employee at a Christmas party.
UK
1 May 2019
17
Fixed Recoverable Costs: Expansion Of Fast Track To Include ‘Intermediate' Cases
The Ministry of Justice has commenced a consultation on extending the fixed recoverable costs regime (FRC) to incorporate an expanded fast track including 'intermediate cases'.
UK
12 Apr 2019
18
Liverpool Victoria Insurance v Zafar: Sentencing Guidelines For Expert Witnesses
An expert witness produced a report which was verified by a false statement of truth (and subsequently made further false statements in witness statements).
UK
3 Apr 2019
19
Taylor v Van Dutch Marine: A Consideration Of What Constitutes Adequate Disclosure
The defendants were ordered to give standard disclosure under CPR r31 (and hence their disclosure exercise did not fall within the new pilot scheme).
UK
11 Mar 2019
20
Friends Life v Miley: Court Of Appeal Considers Misrepresentation In An Income Protection Policy
Court of Appeal rejects appeal from decision that claim was covered by an income protection policy
UK
11 Mar 2019
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