6 February 2012 | Justine Ash
Back in February 2011, I wrote a blog entitled ”Warning to Claimants!.. The Court can and will set aside Judgment entered in Default where the Claimant has failed to file a certificate of service and...
Tags on this discussion: Setting Aside Judgment; Promtply; CPR13.3; Gulf International Bank;Henriksen v Pires
3 February 2012 | Justine Ash
In the recent case of PGF II SA v OMFS Company and another [2012] EWHC 83 (TCC) the Technology and Construction Court (“TCC”) has considered submissions that a party should not have Part 36 costs awarded...
Tags on this discussion: ADR; Refusal to Mediate; Cost Consequences Part 36; Halsey; PGF II SA
23 January 2012 | Justine Ash
A juror and ex university academic, Dr Theodora Dallas, who undertook detailed internet research on a defendant’s past and then shared that information with her fellow jury members, has been jailed...
Tags on this discussion: Contempt of Court; Misuse of Facebook in jury
10 January 2012 | Justine Ash
Back in October 2011, I wrote about the proposed harmonisation of EU Contract Law – see http://www.mablaw.com/2011/10/proposed-harmonisation-of-eu-contract-law/.
The background to the proposed Common...
Tags on this discussion: Common European Sales Law'; CESL; cross-border transactiona; EU trade law; subsidiarity and proportionality; UK enterpise; European Commission
7 December 2011 | Justine Ash
Monday 5 December 2011 was set to be Britain's biggest pre-Christmas cyber shopping day resulting in more than 85 million visits to retail websites in just a matter of hours “Cyber Monday”. The...
Tags on this discussion: Internet shopping; consumer protection; internet shopping safety;
28 November 2011 | Justine Ash
Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Bill is expected to receive Royal Assent next year. Once implemented, changes will be made to the Civil Procedure Rules which will ensure...
Tags on this discussion: Case Management; Legal Aid Sentencing and Punishment of Offenders Bill; civil litigation costs;
24 October 2011 | Justine Ash
The European Commission is proposing a new Common European Sales Law (“CESL”) which would mean that both consumers and small to medium sized businesses (SMEs) would be able to “opt in” or “opt...
Tags on this discussion: European Community; Common European Sales Law; SMEs; cross-border contracts; SMEs cross border trade
6 October 2011 | Justine Ash
Truth or Dare…
Parties to litigation are very often required to sign a statement of truth, whether the statement is contained in the particulars of claim or a witness statements.
The recent decision...
26 July 2011 | Justine Ash
Mediation seeks to facilitate a settlement of disputes before trial. This may save the parties costs and time that a full blown court case often brings.
A raft of recent developments to the...
Tags on this discussion: Mediation; CEDR; negotiation of disputes; ADR;
26 July 2011 | Justine Ash
Currently, a claimant (be it a person or an entity) who wishes to fund their civil litigation case has the following options:-
(i) Conditional Fee Agreement (CFA/”no win, no fee”) where the “success...
Tags on this discussion: CFAs; No win no fee; ATE; Legal Aid Sentencing and Punishment of Offender's Bill
