Legal News

Dispute Resolution roundup for week ending 6 December 2013

Dispute Resolution roundup for week ending 6 December 2013
Published on: 05 December 2013
Published by: LexisPSL
  • Dispute Resolution roundup for week ending 6 December 2013
  • Contents
  • News analysis
  • What are the practical effects of the Court of Appeal's decision in 'Plebgate'?
  • Relief from sanctions (CPR 3.9)
  • Cost considerations
  • Defendant's ability to fund proceedings disclosable under case management rules
  • Fixed-cost regime—would it work in the UK?
  • Limitation and substituting parties
  • Court of Appeal—adjudication and limitation issues
  • More...

Article summary

The fall-out from Mitchell continues to colour this week’s roundup—an analysis of the practical consequences by David Greene, senior partner at Edwin Coe LLP along with a different approach taken in relation to relief from sanctions in Forstater. The guiding principle for practitioners remains—make sure you comply with rules, practice directions and court orders every step of the way. We have also this week reported Cavendish Square, in which Lord Justice Christopher Clarke carefully traced the authorities on the issue of liquidated damages clauses versus penalty clauses. We continue to focus on providing a roundup of key news stories from the last week highlighting their 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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