Litigation

Not so clear cut on costs

Steven Davies considers the Supreme Court’s dismissal of appeals against recoverability of ATE and succes

08 May 2017

Conditional fees in publication proceedings after Times Newspapers v Flood

The Supreme Court’s decision in Flood has not provided the clarity hoped for in relation to future recovery of success fees and ATE premiums, says Steve

08 May 2017

Contractual interpretation: It doesn't have to make sense

Matthew Wescott and John Bramhall consider the obstacles in the way of those seeking to persuade a court that a commercial contract is void fo

03 May 2017

A commercial litigator’s guide to winning arguments

If you find yourself on the cusp of a dispute, take a moment to ask yourself what it is you want to achieve, at what cost, and why, advises Danie

11 Apr 2017

Litigation funding matures

Third-party backing is no longer just for David vs Goliath legal battles, explains Patric

11 Apr 2017

Serious harm in the Twitter ‘Wild West’

Defendants are better off settling than arguing over lack of serious harm, says Andre

11 Apr 2017

Frankfurt eyes London’s commercial litigation crown

Brexit uncertainty, an underfunded civil justice system, and a less diverse judiciary are causes fo

07 Apr 2017

Limited appeal of limited retainers

Even if care is taken to construct clear limits to a retainer, they may not withstand intense judicial scrutiny, warn Francesca Kaye and Rick

04 Apr 2017

Notes of professional privilege

The ramifications of RBS Rights Issue Litigation are troubling to in-house lawyers, explains Emil

28 Mar 2017