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.