All articles by Masood Ahmed – Page 4
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FeatureQOCS transitional provisions
Important questions concerning the interpretation and application of the provisions under the qualified one-way costs shifting (QOCS) regime (CPR 44.130-44.17) came before the Court of Appeal in Jacob Corstorphine v Liverpool City Council [2018] EWCA Civ 270 (Sir Geoffrey Vos PQBD and Hamblen LJ).
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FeatureE-disclosure and party agreement
The disclosure of relevant documents during the litigation process has been a longstanding and distinctive feature of English civil procedure. However, standard disclosure under the Civil Procedure Rules does not give rise to ‘perfect justice’.
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FeaturePre-action disclosure of insurance policies
Peel Port Shareholder Finance Company Ltd v Dornoch Ltd [2017] EWHC 876 (TCC) serves as a reminder of the court’s approach to the rules on pre-action disclosure and the Third Parties (Rights against Insurers) Act 2010 (the 2010 act).
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FeatureConstruction: Adjudication – unilateral withdrawal
Can the referring party withdraw a dispute from adjudication and subsequently refer the same dispute to a second adjudication?
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FeatureArbitration: 'Non-existent' respondents
What is the position when the respondent in the arbitration is dissolved before commencement?
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FeatureClaims against unnamed defendants
Naming of parties still a necessary step in any claim application.
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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.