All articles by Masood Ahmed – Page 5
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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?
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FeatureJudicial recusal
The doctrine of judicial recusal dictates that a judge may recuse himself from proceedings if he decides that it is not appropriate for him to hear a case listed to be heard by him.
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FeatureClaim forms and ‘good reason’
In Abela and others v Baadarani [2013] UKSC 44, the Supreme Court provided important guidance on the interpretation and application of rule 6.15(1) and (2)
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Arbitration agreements and anti-suit injunctions outside the EU
The sanctity of the arbitration agreement is well known. Parties can only refer their dispute to an arbitral tribunal if the parties have agreed to resolve their dispute through arbitration. This agreement can either take the form of an arbitration clause incorporated within a contract between the parties, or it ...