All articles by Masood Ahmed – Page 4
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FeatureCase management and appeals
Was the trial judge wrong to refuse two applications to adjourn trial because of the (alleged) ill-health of a defendant?
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FeatureCivil procedure: Unreasonable conduct and costs
It is trite that a court will carefully scrutinise the parties’ behaviour when assessing costs in civil disputes.
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FeatureCivil procedure: discontinuing an arbitration claim
What happens if a party to arbitral proceedings decides to commence an arbitration claim in the High Court but subsequently files and serves a notice of discontinuance?
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FeatureJudicial costs decisions
Appeal court case re-establishes factors which may lead to judicial intervention over costs.
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FeatureArbitration: service of notice
The issue of whether the correct party has been served in arbitration becomes complicated in an agent-principal scenario.
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FeatureCivil procedure – party conduct and costs sanctions
What happens when the expectation that parties conduct themselves in a sensible and accountable manner is undermined?
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Opinion
BOOK REVIEW: Russell on Arbitration (24th edition)
Well-structured book allows the reader to grasp fundamental aspects of arbitration.
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FeatureTrial advocacy fee and fixed costs
A novel issue surrounding the trial advocacy fee came before Coulson J in the High Court.
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FeaturePart 36: concessions and intentions
The method for determining whether an offer legitimately qualifies under Part 36 was recently considered in a High Court case.
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FeatureWithout prejudice privilege
The application of the privilege came into question in a recent Court of Appeal case.
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FeatureCivil procedure: expert evidence
A failure to control expert evidence will result in the court making adverse costs orders.
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FeatureDefence of tender before claim
In order for the defendant to rely on this defence, he must comply with Civil Procedure Rule 37.2.
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FeatureThresholds for strike-out
The legal principles on striking out a claim on the grounds of the claimant’s alleged abusive or fraudulent conduct.
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FeatureCosts and preparing budgets
A recent case provides clarification on issues parties may face when seeking approval of costs budgets.
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FeatureRequesting a court revisit its judgment
How can a court exercise its discretion and revisit its judgment in the light of a new point?
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FeatureLate amendments and scope of judges
A recent Court of Appeal judgment illustrates how the circumstances of the particular case will determine if an adverse costs order is made.
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FeatureCivil procedure: costs recoverability
Do the provisions under the Civil Procedure Rules concerning costs recoverability in Aarhus Convention claims apply to public bodies?
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FeatureCivil litigation: indemnity costs
This case serves as a fitting reminder of the need for litigating parties to proceed with caution.