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The Effect of the Legal Aid, Sentencing and Punishment of Offenders Bill on Intellectual Property Litigation

July 14, 2011 09:37

We have an adversarial system of civil litigation in England and Wales as do most other English speaking countries. In an adversarial system the parties choose the issues over which they wish to fight and produce the evidence that they want the tribunal to consider. By contrast, most of the rest...

51st Update to the CPR - 3

Simon Gibbs
March 30, 2010 04:49

More on the 51st Update to the Civil Procedure Rules. The changes come into force on 6 April 2010.A new CPD 39.2 is created which reads: “Where there is a dispute about the insurance premium in a staged policy (which has the same meaning as in paragraph 19.4(3A)) it will normally be sufficient for...

After-the-event (ATE) insurance policy

Simon Gibbs
March 05, 2010 06:17

A further definition from The (Alternative) Legal Costs Dictionary:After-the-event (ATE) insurance policy n. a policy of insurance whereby the insurer seeks a large premium in respect of something which the insurer has assessed as carrying little or no risk.  In the unlikely event that a judge...

A working alternative to recoverable success fees?

Simon Gibbs
December 04, 2009 05:09

As the tension mounts as to what might be going through the mind of Lord Justice Jackson as he prepares his final report on his civil costs review, might he be influenced by the litigation landscape north of the boarder?  The recently published Report of the Scottish Civil Courts Review states...

Notification of funding - The New Rules

Simon Gibbs
October 14, 2009 04:44

In a previous posting (read here) I discussed the old rules relating to providing information about the funding of a claim.  The latest update to the Civil Procedure Rules has made important amendments which came into force on 1st October 2009.The old CPR 44.3B read:“(1) A party may not...