Legal News

Dispute Resolution roundup for week ending 20 December 2013

Dispute Resolution roundup for week ending 20 December 2013
Published on: 19 December 2013
Published by: LexisPSL
  • Dispute Resolution roundup for week ending 20 December 2013
  • Contents
  • CPR changes and season's greetings!
  • News analysis
  • Court of Appeal refuses relief from sanctions
  • Relief from sanctions and security for costs breach
  • Relief from sanctions—witness evidence
  • Excalibur loses claims against Texas Keystone
  • Court of Appeal—lower court wrong to disapply usual Part 36 cost consequences
  • Court of Appeal—re-trial ordered in case where insufficient records made of proceedings
  • More...

Article summary

We have reported further and instructive relief from sanctions cases this week including Durrant in which the Court of Appeal refused relief under CPR 3.9 just weeks after the decision in Mitchell, where relief was also refused. Also following the decision in Mitchell, in SC Petrol, the Commercial Court refused to grant the claimant a further extension of time in which to comply with a security for costs order or to grant relief from sanction. In addition, we have reported Excalibur, a lengthy judgment covering many areas (including contract interpretation, actual authority, deceit, alter ego, fiduciary duties, tortious interference with a contract, specific performance and laches) most often accompanied by a debate as to the relevant applicable law in respect of each such claim. We have also added a wealth of additional content on tort, negligence and nuisance claims. We continue to focus on providing a roundup of key news stories from the last week highlighting practical implications as well as updating our Practice Notes to ensure you are kept up-to-date. or take a trial to read the full analysis.

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