All articles by Masood Ahmed – Page 5
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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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Feature
Trial 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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Part 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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Without prejudice privilege
The application of the privilege came into question in a recent Court of Appeal case.
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Feature
Civil procedure: expert evidence
A failure to control expert evidence will result in the court making adverse costs orders.
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Defence 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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Thresholds 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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Costs and preparing budgets
A recent case provides clarification on issues parties may face when seeking approval of costs budgets.
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Requesting 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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Late 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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Civil 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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Civil litigation: indemnity costs
This case serves as a fitting reminder of the need for litigating parties to proceed with caution.
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Civil procedure: conduct and costs
The significance of alternative dispute resolution and offers to settle under Civil Procedure Rule 44.2.
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Service 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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Foreign arbitral awards
‘Certification’ of arbitration agreements under the Arbitration Act 1996.
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Civil procedure: CPR 6.9
A recent case offers a reminder of the need to carefully consider the rules on service of the claim form.