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Title Author Date
Mid-year review 2016 - costs and Part 36
Stephen Innes looks back over the past six months of dispute resolution in the UK and considers the key developments in costs and Part 36.
Stephen Innes
Unbundling unshackled?
Sophie Belgrove & Alison Padfield examine the Court of Appeal’s approach to solicitors’ duties under a limited retainer
Alison Padfield
Commercial Agents – The worst of both worlds – Belgrove & Padfield
Alison Padfield
Privacy and Conflicts in the Court of Appeal: [2016] 132 LQR 31
In this case note, Josh Folkard considers the decision of the Court of Appeal in Vidal-Hall v Google, which clarifies: • That privacy is protected in English law by a new tort of misuse of private information. • The availability of damages for mere distress under the Data Protection Act 1998. • The scope of the 'tort gateway' in Practice Direction 6B. • That (at least some) articles of the EU Charter of Fundamental Rights have horizontal direct effect. This decision significantly increases English law's protection of privacy, and makes it likely that far more successful claims will be brought against 'data controllers' under the Data Protection Act 1998. The case note also deals with some of the changes to the 'service out' gateways made with effect from 1 October 2015.
Joshua Folkard
Soland v Clifford Harris: warehousing litigation an abuse of process, Publication: Practical Law Dispute Resolution Blog.
The judgment of Arnold J in Solland v Clifford Harris highlights that unilaterally “warehousing” a claim (that is, putting a claim on hold without intending to pursue it) can amount to an abuse of process, even if a claimant subsequently decides to pursue the claim.
Mark Cullen
Cultural Differences in Mediation
A LexisNexis/4 New Square mini-mag on Cultural Differences in Mediation
Murray Rosen QC
Jeffrey Benz
Simon Monty QC
Alex Hall Taylor
Carl Troman
Case Note on Luffeorm Limited v Kitsons LLP, Publication: Professional Negligence Bar Association Newsletter
The Claimant brought professional negligence proceedings against a firm of solicitors who had acted on its behalf in a transaction involving the purchase of a pub business. The case contains an unorthodox analysis of the burden of proof, and considers once again the challenging boundary line between commercial and legal advice.
Mark Cullen
Procedural Fairness in an Information Rights Context, Judicial Review, 20:1, 26-32
Authors: Mark Cullen and Tom Pascoe
Mark Cullen
International Energy Group Limited v. Zurich Insurance [2015] UKSC 33
Decision of the Supreme Court given on 20 May 2015
Costs budgeting insights: Recent case guidance (LexisNexis Dispute Resolution)
Nicholas Bacon QC and George McDonald consider the much needed insight into costs budgeting in practice from four recent cases
Nicholas Bacon QC
George McDonald


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