The Akin Arbitration Lecture 2019 given by Sir Rupert Jackson at the office of Akin Gump on 19th November 2019 .

Last week, the Supreme Court handed down its decision in Singularis Holdings Ltd v. Daiwa Capital Markets Europe Ltd [2019] UKSC 50. That case got the attention that it did because of the tension with the result in Stone & Rolls Ltd v. Moore Stephens. Others have dealt with the detail of the decision in Singularis (including an excellent article by my colleague, Mark Cannon QC – see https://www.linkedin.com/pulse/stone-rolls-rolled-away-auditors-singularis-holdings-v-mark-cannon-qc/). I want to look more generally at the issues created by attribution in a corporate context, and how the courts in recent years have approached them.

In Aldred v Cham [2019] EWCA Civ 1780 the Court of Appeal considered whether the cost of counsel’s advice relating to the proposed settlement of an RTA claim was a claim for a disbursement which should be allowed in addition to the fixed recoverable costs (“FRC”) provided for under CPR 45.29C and Table 6B because it was “reasonably incurred due to a particular feature of the dispute”.  This case has provided welcome clarity in a previously much disputed area. Roger Mallalieu appeared for the successful Appellant. Pippa Manby explains the facts, the court’s rulings and the implications of the decision.

On Thursday 24 October 2019, Mr Justice Pushpinder Saini handed down his judgment in Higgins & Co Lawyers Ltd v Evans [2019] EWHC 2809 (QB), an appeal from a decision of Master McCloud sitting in the SCCO. Roger Mallalieu appeared for the successful Appellant. Simon Teasdale explains the facts, the court’s rulings and the implications of the decision.

On 25 November 2019 the SRA Accounts Rules 2011 will cease to have effect, and will be replaced by new accounts rules. In one quarter-stroke of the draftsman’s pen, 52 rules covering 50 pages of single-spaced typescript on pages of A4 will be replaced by 13 rules on 10 pages. The SRA has trumpeted loudly that the rules have been simplified and that they provide greater flexibility. Have they? Do they?