All articles by Masood Ahmed – Page 5
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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.
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FeatureCivil procedure: conduct and costs
The significance of alternative dispute resolution and offers to settle under Civil Procedure Rule 44.2.
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FeatureService by the courts
A recent case provides clarification and guidance on the issue of service by the courts in contravention of the claimant’s instructions.
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FeatureForeign arbitral awards
‘Certification’ of arbitration agreements under the Arbitration Act 1996.
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FeatureCivil procedure: CPR 6.9
A recent case offers a reminder of the need to carefully consider the rules on service of the claim form.
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FeatureCivil procedure – out of excuses
The message is clear: court orders, rules and practice directions must be strictly complied with.
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FeatureUse of disclosed documents
This update looks at how a recent case raised the question whether courts should give permission for the use of disclosed documents in subsequent third-party proceedings.
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FeatureFailing to respond to ADR invitation
A recent significant case asked: how should the court deal with parties who do not respond to alternative dispute resolution invitations?