Arbitration & litigation

Schering Corporation v Cipla Ltd & Anr

Issue 57 - March 2005

Is a document marked without prejudice always privileged?

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Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd

Issue 56 - February 2005

Were Baltic able to stay the action brought by Collins on the basis that Baltic had no arguable defence to the claim brought pursuant to section 111 of the HGCRA?

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Phillips and others v Symes and others

Issue 54 - December 2004

In what circumstances might it be possible for a Court to make an order for costs against an expert witness?

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Amec Civil Engineering Ltd v The Secretary of State for Transport

Issue 54 - December 2004

What constitutes a dispute?

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London Fire and Emergency Planning Authority v Meritor Light Vehicle Systems (UK) Ltd and Another

Issue 40 - October 2003

Following a trial where the defendants were successful, they sought their costs on an indemnity basis. HHJ Bowsher QC said the relevant test was whether or not it was just that the onus should be on the claimant to pay the costs. The Judge ruled it was just in this case as he felt from the outset that the pleaded and supporting evidence would never have stood up.

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