Litigation

Articles

Washed out but not washed up – an opportunity remains to improve the arbitration landscape

Ken MacDonald, Partner and Head of International Arbitration at Brodies, assesses the key reforms put forward in the Arbitration Bill and presents the case for swift re-introduction of the Bill in the new parliament

The Post Office scandal highlights the need for vigilance when it comes to legal privilege

Joseph Lewin from Dorsey & Whitney assesses the importance of vigilance when it comes to legal professional privilege in light of the Post Office scandal

Part 36 of the Civil Procedure Rules: will the Phone Hacking Litigation justify a review?

Colin Campbell, consultant and retired costs judge, discusses the use of the rule in the Phone Hacking litigation to settle claims against the wishes of the claimants

Civil Justice Council announces review of third-party funding

Emma Carr and Christopher Richards provide an update on the important developments since the Supreme Court’s PACCAR decision last summer

SLAPP suits – lessons for the UK from the South African experience

Max du Plessis SC and Toni Palmer share lessons from the South African courts on dealing with strategic lawsuits against public participation

Putting a spring in the claimant’s step: a refresher on freezing orders

Michaela Croft provides a detailed overview of the technicalities and case law that has shaped the requirements for obtaining freezing order relief from the English courts

New family procedure rules emphasise alternative dispute methods

Laura Williams says that the latest Family Procedure Rules aim to reduce court congestion by promoting diverse non-court dispute resolutions

Contractual interpretation and formation: back to basics

Lydia Danon and Jordan Waldock outline the critical role of fundamental principles of contractual interpretation and formation in legal disputes