Solicitor
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The next CPR update includes an important change to the way in which costs of under £25,000 will be assessed in the future.
Practice Direction 51E provides for a County Court Provisional Assessment...
Legal Privilege – an important EU attack on the status of in-house lawyers
The European Court of Justice has ruled that communications with in-house counsel are not subject to legal professional privilege in cartel investigations carried out by the European Commission, including...
Civil Procedure – Adjournment
In the very recent case of Elliott Group Limited and Others v GECC UK (formerly GE Capital Corporation and others (EWHC 409 (TCC) 010) the courts have reconsidered the grounds for allowing parties...
Lost in Translation – what to do if you need a legal document translated
The world is becoming smaller. As a result, there are increasingly more and more occasions where you may find that you need to have a legal document translated into another language in the spirit of...
European Mediation Update
The EU Mediation Directive 2008/52/EC (the Directive) was adopted on 23 April 2008 and came into force on 13 June 2008. The Directive applies to all EU member states (apart from Denmark, which opted...
All about Expert Determination
Expert Determination is a form of Alternative Dispute Resolution (ADR) in which an independent expert in the subject matter of the dispute, is appointed jointly by the parties to decide on an issue within...
“Are You Being Served?”
Facebook - Are you being served?
Recent developments in Australia and New Zealand concerning the service of legal documents via the social networking website Facebook show the extent to which the internet...
CPR 6.9 – “Pattern of life test” critical when determining “usual residence”
An important new decision has clarified the meaning of “usual residence” for the purpose of service of a claim form.
Part 6 of the Civil Procedure Rules (CPR) deals with the service of documents....
Hot Tubbing
“HOT TUBBING”
The Jackson Report on litigation costs included some novelties, for example the concept of “hot tubbing”.
Hot tubbing or “concurrent evidence”, is a method of giving...
Compulsory Mediation – the European perspective :
A recent ruling in the European Court of Justice has stated that an Italian court’s imposition of compulsory mediation on parties to litigation did not amount to a breach of Article 6(1) of the Convention...