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Results: 1-10 of 278

Time bars and estoppel

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • November 28 2011

Although there is no general duty owed by one party to litigation to correct the mistakes of the other, there are circumstances in which deliberately allowing the other party to continue in a mistaken belief will be unconscionable

Another fine mess Mitchell, CPR 3.10 and the service rules

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • March 31 2014

In Integral Petroleum SA v SCC-Finanz AG late service of particulars of claim to an email address not authorised for service was treated as valid

The merger doctrine

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • January 24 2011

Parties who have had a dispute heard by a judicial tribunal of competent jurisdiction should not be allowed to litigate the same issues in the courts

The battle to reduce the costs of litigation

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • February 3 2014

It used to be the case that a party to litigation could decide for themselves how much they wanted to pay their lawyers and how much time they wanted

Defective Part 36 offers

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • January 30 2012

An offer which is stated to be made in accordance with Part 36 can still fail to qualify as a Part 36 offer, if it fails to comply with the formal requirements of CPR 36.2

Litigation privilege not so easy to come by

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • February 3 2014

In recent years the courts have been slow to allow a party to litigation to refuse to disclose a relevant contemporaneous report on the ground that it

Pre-action costs

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • January 30 2010

The bank sought to enforce a guarantee against the defendant in proceedings (the Guarantee Claim

Issue in haste, repent at leisure

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • June 5 2014

Issuing a claim form is important because it stops time running for the purpose of limitation. Where a claimant is up against the end of a limitation

Jurisdiction clauses

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • January 30 2010

This case concerns a series of complex agreements relating to equities and foreign exchange trading concluded between the claimant, an investment bank domiciled in Germany, and the defendant company incorporated in the Turks and Caicos Islands

Legal expenses insurance

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • April 15 2011

The claimant was entitled to an indemnity under her legal expenses insurance policy with the defendant insurer DAS in respect of costs incurred in instructing a barrister to act for her on a public access basis