We use cookies to customise content for your subscription and for analytics. If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
The Court of Appeal has ruled that it can be within a court's discretion to reduce a successful defendant's costs award by two thirds because of lies told during the trial
In Lord Justice Jackson's final report on his year-long review into costs, he has recommended that after-the-event (ATE) insurance premiums should no longer be recoverable from unsuccessful opponents in civil litigation
In the matter of Royal & Sun Alliance Insurance Plc and others v Rolls-Royce Plc 2010 EWHC 1869 (Comm), which arose from parallel proceedings being pursued in England and Florida, the Court made clear that English proceedings will not be stayed in such instances unless it is shown that the foreign court is clearly the most appropriate forum
Habas Sinai Ve Tibbi Gazlar Isthisal Endustri As ("Habas") v Sometal S.A.L. 2010 EWHC 29 (Comm) concerned an application to set aside an interim final award on jurisdiction and costs made by an arbitral tribunal by which the tribunal accepted jurisdiction to entertain a claim made by Sometal S.A.L. for breach of contract
In Global Process Systems Inc & Anor v Syarikat Takaful Malaysia Berhad 2009 EWCA Civ 1398, the Court of Appeal overturned the first instance judgment of the Commercial Court (previously reported here), and found that the cause of the loss was not 'inherent vice' (a risk excluded under the claimant insured's 'all risks' policy) but 'perils of the sea', a covered risk
The UK's Asbestos Working Party (AWP) has published its revised projection of the cost to employers' liability insurers of the UK's asbestos liability problem
In LIDL v Just Fitness Ltd 2010 EWHC 39 (Ch) the Court was asked to decide whether an arbitrator had jurisdiction to determine a particular issue in a dispute, which was alleged to have been addressed in a previous arbitration
The Court of Appeal, in City & General (Holborn) Ltd v Royal Sun Alliance Plc 2010 EWCA Civ 911, was asked to consider whether the earlier decision to set aside an extension of time for service of a claim form (granted due to the claim being time-barred) was correct
