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At the end of a much-cited passage about witness’ memory Leggatt J. suggested that the best approach for a judge in a commercial case was, “to place little if any reliance at all on witnesses’ recollections of what was said in meetings and conversations, and to base factual findings on inferences drawn from the documentary
We were gratified to see so many friends at our 1CL webinar on Brexit, which combined Tom Yarrow’s intimate knowledge of the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 with Sarah Prager’s sunny prognostications as to the future of cross border litigation (link to the recording here). The mood was generally optimistic; a
Last week, the UK press reported the settlement of liability issues in a claim which had been listed to commence for trial (over 4 days) on Monday 25th January 2021: Fourgeaud v Africa Travel Resource Limited. Liability was resolved by agreement (on 90:10 terms in the Claimants’ favour) on the Saturday afternoon immediately preceding the
In this webinar, David Thomson and Ella Davis discuss fundamental dishonesty in clinical negligence claims. They consider: What fundamental dishonesty is Key and recent cases Proof of fundamental dishonesty including surveillance When to raise and pursue fundamental dishonesty View the slides here – Fundamental Dishonesty in Clinical Negligence Proceedings
In their webinar yesterday Sarah Prager and Thomas Yarrow discussed cross-border litigation after Brexit. They considered: applicable law; jurisdictional issues; recognition and enforcement of judgments; practical advice for litigators; likely future developments. If you missed it, you can view it here
This briefing considers two recent cases that will be of interest to injury practitioners. The first, Head v Culver Heating Limited is an interesting decision in which the Court of Appeal considers the difference between loss of earnings generated by work and loss of income from investments in the context of a lost years claim.
There’s no denying it; this week the team has been frolicking in the snow. Between building snowmen, and standing outside with our tongues out trying to catch snowflakes, it’s been a busy week. We’ve found time to produce a special briefing on jurisdiction, though, and to turn our minds once more to cross border disputes
There have been a number of recent developments in relation to jurisdiction in cases to which Regulation (EU) No. 1215/2012 (‘recast Brussels’) applies; but as 31st December 2020 recedes into memory, and with it the mechanistic approach to jurisdiction adopted under recast Brussels, those cases which deal with English common law principles, as expressed in
Although the start of 2021 has not been as auspicious as we would have wished, Happy New Year from all at 1 Chancery Lane. Despite everyone’s hopes that 2021 would start more favourably than 2020 ended it seems restrictions to protect the public from the Covid 19 pandemic will be with us for some time.
As the world rolled up its sleeves and got to work vaccinating unimaginable numbers of people, we at 1CL dusted off the handsomely bound 1CL set of Agatha Christie murder mysteries, ready for the long haul before things get back to normal. But no sooner had we opened Volume 1 than, on 13th and 14th