Class actions reform: Civil Justice Council publishes its final report to government

On 12 December 2008 the Civil Justice Council (CJC), the advisory body responsible for co-ordinating the modernisation of the civil justice system, published a final report containing a series of recommendations to the Lord Chancellor regarding the expansion of the collective action regime in the UK. The 11 recommendations to expand the basis upon which … Read more

Enforceability of exclusion clauses – Court of Appeal decision

In a recent judgment, the Court of Appeal has provided some useful guidance on how the courts might approach the enforceability of exclusion clauses: Regus (UK) Limited v Epcot Solutions Limited [2008] EWCA Civ 361. The exclusion clause in this case purported to exclude liability for various items of consequential loss, including loss of business … Read more

Civil Justice Council recommends expansion of collective action regime

On 5 August 2008, the Civil Justice Council (CJC), the advisory body responsible for co-ordinating the modernisation of the civil justice system, made 11 recommendations to the Lord Chancellor to expand the basis upon which collective actions can be brought. The recommendations fall well short of proposing US-style class actions, but would, if implemented, be … Read more

Contractual damages

The judgment of the House of Lords in Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) [2008] UKHL 48 considered the law on recoverable damages following a breach of contract. Although all members of the House were in agreement as to the outcome of the appeal on the facts, there were differences in the … Read more

Conduct at mediation and its impact on costs assessed by the courts

In two recent cases (7th Earl of Malmesbury and others v Strutt & Parker [2008] EWHC 424 (QB) and Nigel Witham Ltd v Robert Smith and others [No.2] [2008]EWHC 12 (TCC)) the High Court has reviewed and sanctioned an extension of the Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 (CA) criteria … Read more

Think carefully before refusing to mediate

The court may penalise a party in costs even if it takes the view that any mediation would have been unlikely to succeed: Attorney General of Zambia v Meer Care & Desai (A Firm) and others [2007] EWHC 1540 (Ch). Read more