Author Archives: Sofia Crotty

Recovery of Additional Liabilities: Breach of Human Rights?

On the 23rd July 2014, Lord Neuberger dealt a potentially fatal blow to over a decade of litigation. Sitting as President of the Supreme Court in Coventry v Lawrence (No 2) [2014] UKSC 46, Lord Neuberger suggested that the pre-Jackson regime of recoverability of additional liabilities such as success fees and after-the-event (ATE) insurance premiums […]

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Budget filed one day late: a trivial and insignificant breach

The case of Wain v Gloucestershire County Council & Ors [2014] offers a glimmer of hope for those of us fearfully monitoring the budgeting landscape in the wake of the much-cited Mitchell decision. Somewhat unusually, the judge in this matter took a more sensible approach and granted relief from sanctions for a budget that was […]

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Post-Mitchell life: not as strict as we thought?

The recent judgment in (1) Mark Forstater (2) Mark Forstater Productions Ltd v (1) Python (Monty Pictures Ltd (2) Freeway Cam (UK) Ltd [2013] EWHC 3759 shows there is perhaps a silver lining to the looming grey cloud that is the Mitchell judgment. As we are all aware, Mitchell laid down incredibly strict rules for compliance, with […]

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