New Judgment: Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 – UKSC Blog

‘This appeal concerned who should pay the legal costs of 426 claimants who successfully sued a medical group for the supply of defective silicone breast implants. It allows the Supreme Court to review the principles concerning third-party costs orders. 426 uninsured claimants applied to the court for an order that Travelers pay their costs. The High Court and Court of Appeal held that Travelers be ordered to pay them, albeit for slightly different reasons. Travelers appealed to the Supreme Court.’

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UKSC Blog, 30th October 2019

Source: ukscblog.com

Claimant wanted to use draft ruling to extract settlement – Litigation Futures

Posted October 31st, 2019 in judgments, negligence, news, third parties, warranties by sally

‘A High Court judge has deprecated a claimant’s request for a third party to review a draft judgment so that it could have the chance to pay money to suppress publication.’

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Litigation Futures, 31st October 2019

Source: www.litigationfutures.com

SC limits third-party costs orders against insurers – Litigation Futures

Posted October 31st, 2019 in costs, insurance, news, third parties by sally

‘The Supreme Court has overturned a ruling by the Court of Appeal that the only limit on the court’s discretion to make third-party costs orders against insurers was that it must be exercised justly.’

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Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

Third party funding agreements are not DBAs – Hardwicke Chambers

‘The Competition Appeal Tribunal (“CAT”) has today (28 October 2019) handed down its decision in the Trucks Cartel claims dealing with the funding of the claims.’

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Hardwicke Chambers, 28th October 2019

Source: hardwicke.co.uk

Third party costs application failed against losing claimant’s legal team – Practical Law Dispute Resolution Blog

Posted October 29th, 2019 in abuse of process, costs, malicious prosecution, news, third parties by sally

‘In the recent case of Willers v Joyce and others an application was brought by the winning party against the losing party’s counsel and solicitor following an unsuccessful claim for malicious prosecution.’

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Practical Law Dispute Resolution Blog, 24th October 2019

Source: disputeresolutionblog.practicallaw.com

Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600, 2 October 2019 – Hailsham Chambers

Posted October 29th, 2019 in disclosure, news, privilege, solicitors, third parties by sally

‘Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600 (2 October 2019) provides a ringing endorsement of the rule ‘once privileged, always privileged’. The Court of Appeal held that the defendant solicitors had a duty to uphold the privilege of a former client even though the former client was a company which had been dissolved. The court also held that the solicitors had acted properly in appearing by counsel to argue that the privilege should be upheld, even though the privilege was not the solicitors’ own privilege, and they did not have instructions from the former client. William Flenley QC, leading Adam Kramer, appeared for the successful solicitors.’

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Hailsham Chambers, 7th October 2019

Source: www.hailshamchambers.com

Bleak Choses? Trusting in equity – Practical Law: Construction Blog

Posted October 10th, 2019 in assignment, equity, news, third parties, trusts, warranties by tracey

‘For many common lawyers – certainly me – trusts and equity seem exotic things. At one point, I supposed the closest I would get to equity in action was by reading Bleak House, which in length and majesty even rivals some of the equity textbooks. But in this (as many other things) I was proved wrong. One cannot properly understand the law of assignment – a bedrock of the commercial construction lawyer’s practice – without comprehending equitable assignment. And it is at the outer fringes of assignment where one may bump – or even lapse – into trusts.’

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Practical Law: Construction Blog, 9th October 2019

Source: constructionblog.practicallaw.com

Court has no power to require Cafcass to undertake work with non-subject child, judge rules – Local Government Lawyer

‘A court has no power to require Cafcass to appoint one of its officers, whether a children’s guardian or otherwise, to undertake any work with or play any role with a non-subject child, a High Court judge has concluded.’

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Local Government Lawyer, 1st Octoer 2019

Source: www.localgovernmentlawyer.co.uk

Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] UKSC 38 – Hardwicke Chambers

‘In this case, the UKSC held that courts have an inherent jurisdiction independent of the CPR to order non-party access to court documents under the constitutional principle of open justice. This, however, is to be balanced against both any countervailing interests in refusing access, and the principle of practicality and proportionality.’

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Hardwicke Chambers, 28th August 2019

Source: hardwicke.co.uk

Supreme Court rules that all courts and tribunals are subject to the open justice principle – 4 KBW

‘The Supreme Court has ruled in the case of Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] that all courts and tribunals that exercise the judicial power of the state are subject to the ‘open justice’ principle.’

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4 KBW, 6th August 2019

Source: www.4kbw.net

Case Comment: Cape Intermediate Holdings Ltd v Dring (for and on behalf of Asbestos Victims Support Groups Forum UK) [2019] UKSC 38 – UKSC Blog

Posted August 8th, 2019 in civil procedure rules, documents, news, Supreme Court, third parties by tracey

‘In a decision described as a “victory for open justice”, the Supreme Court has held that non-parties to litigation are entitled to access certain documents from a trial to which it was not a party.’

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UKSC Blog, 5th August 2019

Source: ukscblog.com

Supreme Court backs third party access to court documents – OUT-LAW.com

Posted August 2nd, 2019 in civil procedure rules, courts, documents, news, Supreme Court, third parties by tracey

‘Campaigners, the media and others who are not parties to court proceedings should be permitted to access court documents as “the default position”, the UK’s highest court has ruled.’

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OUT-LAW.com, 1st August 2019

Source: www.pinsentmasons.com

Police and NHS not liable to victim’s children in negligence or breach of human rights – UK Police Law Blog

‘In Griffiths v (1) Chief Constable of Suffolk (2) Suffolk NHS Foundation Trust [2018] EWHC 2538 (QB), the High Court dismissed claims that the Chief Constable and the NHS Trust were negligent in breaching their duties of care or had breached human rights.’

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UK Police Law Blog, 24th January 2019

Source: ukpolicelawblog.com

Open justice wins out as court releases tobacco case papers – Litigation Futures

‘Another third-party bid to see documents used in a high-profile piece of litigation, this time involving the tobacco industry, has been successful.’

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Litigation Futures, 17th January 2019

Source: www.litigationfutures.com

Privilege and Maxwellisation – what can we learn from recent FRC cases? – 4 New Square

‘The same issues often crop up across an array of regulatory work. Legal professional privilege is the most obvious example, with a number of high profile cases arising out of SFO investigations. A second example concerns the rights of third parties to prevent the publication of adverse comment about them in regulatory reports and decisions (‘Maxwellisation’). In this article, Jamie Smith QC and Helen Evans explain how these two issues have arisen in the context of disciplinary investigations and proceedings undertaken by the Financial Reporting Council (FRC), which plays an important role in the regulation of accountants.’

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4 New Square, 11th December 2018

Source: www.4newsquare.com

GDPR: the ‘controller v processor’ debate in financial services – OUT-LAW.com

Posted November 5th, 2018 in banking, codes of practice, contracts, data protection, EC law, news, third parties by sally

‘Lessons can be learned in the financial services sector from the rush to update contracts to account for the General Data Protection Regulation (GDPR) taking effect earlier this year.’

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OUT-LAW.com, 2nd November 2018

Source: www.out-law.com

Win for open justice as tax tribunal allows non-party access to HMRC pleadings – Litigation Futures

Posted September 12th, 2018 in news, taxation, third parties, tribunals by tracey

‘The First-tier Tribunal (FTT) has “inherent jurisdiction” to give non-parties access to documents, its tax chamber has ruled in allowing KPMG to see documents from another case involving HM Revenue & Customs (HMRC).’

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Litigation Futures, 12th September 2018

Source: www.litigationfutures.com

Appeal judges take master to task for handing boxes of documents to non-party – Litigation Futures

‘The Court of Appeal has strongly criticised a Queen’s Bench Master who allowed six boxes of court documents to be removed from the High Court by a non-party without notifying the defendant.’

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Litigation Futures, 9th August 2018

Source: www.litigationfutures.com

Vehicle-related terrorism claims ‘mutualised’ by UK motor insurers – OUT-LAW.com

Posted July 27th, 2018 in insurance, news, road traffic, terrorism, third parties by sally

‘Motor insurers in the UK are to share the costs involved in meeting third party claims raised by victims of terrorist attacks involving vehicles.’

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OUT-LAW.com, 26th July 2018

Source: www.out-law.com

Regulation of third party litigation funding in England and Wales – OUT-LAW.com

Posted July 20th, 2018 in champerty, news, third parties by tracey

‘Third party litigation funding is a growing industry in England and Wales, although the market remains largely unregulated.’

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OUT-LAW.com, 19th July 2018

Source: www.out-law.com