COVID-19: The evolving picture for remote hearings in the English courts

In our post last Friday, we outlined how the courts were adapting to the challenges posed by the Covid-19 crisis, and in particular the announcement from the Lord Chief Justice that hearings would be held remotely where possible. Since then events have moved quickly, with the Prime Minister’s announcement earlier this week essentially putting the … Read more

COVID-19: Impact on civil litigation in England and Wales

With the effects of the COVID-19 outbreak continuing to take hold on nearly all aspects of day-to-day life, what does this mean for the continued operation of the judicial system, and more specifically any court proceedings that businesses may be involved in or contemplating? Where proceedings are already on foot, businesses may have dates fixed … Read more

Article published – Funders’ liability for adverse costs: scrapping the cap

As explained in this previous post, the Court of Appeal has recently dismissed an appeal against a decision which declined to apply the so-called Arkin cap to limit a commercial funder’s liability to the amount of the funding it had provided. The decision confirms that the Arkin cap is not a binding rule, and the court retains a broad discretion … Read more

High Court finds “control” for the purposes of disclosure includes third party documents that the litigating party can access under a standing consent short of an enforceable right

In a recent decision, the High Court found that the documents of two of the defendant’s subsidiary companies were within its “control” for the purposes of disclosure: Pipia v BG Group Ltd [2020] EWHC 402 (Comm). The decision shows that a party can have control over the documents of its direct or indirect subsidiaries (or … Read more