All articles by Masood Ahmed – Page 6
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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 ...
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Civil procedure: capacity and compromise
Civil Procedure Rule 21.10 provides that where a claim is made by or on behalf of a party who lacks capacity to conduct the proceedings (a child or protected party), no settlement of that claim shall be valid without the approval of the court. The issue before Bean J in ...
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Litigants in person; oral evidence; and costs management
Sir Alan Ward in Wright v Michael Wright Supplies Ltd [2013] EWCA Civ 234, a case which concerned two litigants in person (LIPs), opened his judgment by warning the reader that ‘this judgment will make depressing reading’. The case highlighted the difficulties increasingly encountered by the judiciary at all levels ...
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Costs and assessing unreasonable behaviour
The general principle on costs in civil litigation is clear: the unsuccessful party will be ordered to pay the costs of the successful party, albeit that the court has discretion to order otherwise (Civil Procedure Rule 44.3 (2)).
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Part 36: the normal costs rules
The normal costs rules under part 36.10(5)(a) and (b) provide that, where a part 36 offer is accepted after the relevant period has expired and unless the court orders otherwise, the claimant will be entitled to the costs of the proceedings up to the date on which the relevant period ...
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Jackson’s 10% increase in general damages
On 1 April 2013, the reforms to civil costs contained in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 will come into force. Part 2 of the act provides for the implementation of recommendations 7, 9, 14 and 94 of the final report on civil litigation costs by ...
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Applications to vary or revoke an order pursuant to Civil Procedure Rule 3.1(7)
Does the court, pursuant to Civil Procedure Rule 3.1(7), have the power to vary or revoke an order which it has itself made? This was the question before the Court of Appeal in Tibbles v SIG Plc (trading as Asphaltic Roofing Supplies) [2012] EWCA Civ 518.
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The scope of legal professional privilege
The question before Mr Justice Akenhead in Walter Lilly & Company Ltd v Mackay and another [2012] EWHC 649 (TCC) was this: does legal professional privilege (LPP) attract to documents produced by a claims consultant, even one which retains legally qualified personnel?
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Recovering costs where both parties have succeeded in some of their arguments
Even though a party may succeed in obtaining a judgment in its favour, the unsuccessful party may have succeeded in defeating some of the successful party’s arguments. The questions which arise in such a scenario are: which party should be awarded its costs? If the successful party is awarded its ...
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‘Control’ of documents
In the recent case of North Shore Ventures Limited v Anstead Holdings Inc [2012] EWCA Civ 11 the Court of Appeal considered the concept of 'control' of documents under Civil Procedure Rules 71.2 and 31. The rules ...
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Mediation, unreasonable behaviour and costs
Mediation as an effective dispute resolution method for civil disputes is well established. Therefore it was not surprising that Lord Justice Jackson reinforced the important role of mediation in chapter 36 of his Review of Civil Litigation Costs Final Report: ‘The most important form of ADR… is mediation. The reason ...