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Jun
12
Update on discontinuance
In a recent article we commented on the Court’s decision in the case of Westbrook Dolphin Square Limited and Friends Life Limited [2011]. Westbrook appealed the judge’s decision which struck out proceedings it had brought against Friends Life.
May
02
Professional negligence - How far does duty go?
The recent Court of Appeal judgment in Swain Mason & Others v Mills & Reeve shows that, in professional negligence claims, it is important to be clear on what your case against the solicitor is, particularly in relation to whether in all the circumstances the solicitor’s retainer or duty covers the alleged negligence complained of.
Feb
28
Time limit pitfalls for claimants
Most parties contemplating litigation will be aware that there are strict time limits within which court proceedings must be commenced if the claim is not to become time barred.
Feb
27
Part 36 round-up
We have previously commented on important decisions in relation to the interpretation of Part 36 of the Civil Procedure Rules. It seems that the court continues to grapple with question of interpretation of offers to settle made pursuant to Part 36.
Feb
27
Beware contractual limitation clauses
A note of caution in relation to contractual limitation clauses. The Court of Appeal was required to consider such a clause in Inframatrix Investments Limited v Dean Construction Limited [2012].
Feb
26
Don't refuse to mediate
The recent case of PGF II SA v (1) OMFS Company (2) Bank of Scotland plc [2012] serves as a timely reminder of the court’s discretion regarding costs following acceptance of a Part 36 offer and the implications of refusing to mediate.
Feb
21
Professional negligence in dealing with expert reports
The recent case of Maria Boyle -v- Thompsons Solicitors has highlighted the care that must be taken in selecting an expert and asking all the material questions not just when instructions are first given but when other evidence appears to conflict with that of the chosen expert.
Feb
20
Costs reforms
While implementation of the radical costs reforms recommended by Lord Justice Jackson and comprised in the Legal Aid Sentencing and Punishment of Offenders Bill are still being debated in Parliament and proposed implementation has been deferred until April 2013. Lord Justice Jackson is preparing to bring in a new reform which would see the introduction of provisional costs assessments. This follows the success of a pilot scheme at Leeds County Court.
Feb
20
It’s my security and I’ll enforce if I want to
A creditor can bring a claim against a guarantor of a debt in preference to enforcing its security against the principal debtor even if the creditor has adequate security.
Feb
18
The end of expert immunity
The Supreme Court has now finally brought to an end the age-old rule that expert witnesses were immune from proceedings in negligence in relation to the evidence they gave in court or the views they expressed in anticipation of court proceedings.

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