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Tag: Dispute Resolution

The perils of non compliance: caution from the Courts for failure to comply with directions for service of witness statements

The Court recently issued a stark warning in the case of Fons HF v Corporal Ltd & Pillar Securitisation [2013] EWHC 1278 (Ch) for parties’ failure to comply with directions for the service of witness evidence. Both parties to the proceedings were in breach of orders, which provided directions for the service of witness statements. The application for an extension of time for…

A review of the American Cyanamid principles – the meaning of “adequate remedy”

In American Cyanamid Co v Ethicom Ltd [1975] AC 396, the court developed a set of guidelines to establish whether an applicant's case merited the granting of an interlocutory injunction. The main American Cyanamid guidelines, as they have come to be known, are: Whether there is a serious question to be tried. What would be the balance of convenience of each party should the order be granted…

The Commercial Court’s Jurisdiction in Arbitration Proceedings

The English Commercial Court has confirmed that matters of fact and the evaluation of evidence are for the arbitrators in arbitration proceedings and it is precisely such situations where the court ought not to intervene. In Primera Maritime (Hellas) Ltd v Jiangsu Eastern Heavy Industry Co Ltd, a case relating to two Kamsarmax bulk carriers, an application under section 68(2)(d) of the Arbitration Act 1996…

“Plebgate” palaver – Court of Appeal takes hard line on costs rules

I don’t know about you, gentle reader, but we are generally of the view that the punishment should fit the crime. The Court of Appeal’s decision in Andrew Mitchell MP v News Group Newspapers Ltd [2013] EWCA Civ 1526 was handed down today. On the basis of this decision, one could argue this maxim seemingly no longer applies to the heinous offence of…