Insights: Alice Morrissey

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Don’t dawdle – the importance of a prompt application for security

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A recent interim judgment in the case of Accident Exchange Ltd & Anor v McLean & Ors [2018] EWHC 1533 (Comm) serves as an important reminder that parties seeking security should be proactive in their approach to enquiries of their counterparty and their financial circumstances, and that a delay in making an application for security […]


Buyer’s solicitor beware

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We now live in a world where identify theft is commonplace and fraudsters are becoming increasingly sophisticated in their pursuit of unsuspecting victims as modern technology helps to facilitate their dastardly deeds. The recent cases of Dreamvar (UK) Ltd v Mishcon de Reya (Dreamvar) and P&P Property Ltd v Owen White and Catlin LLP (P&P) […]


Notification clauses and the importance of being specific

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The Court of Appeal has sent out a warning to parties intending to pursue a breach of warranty claim in a recent decision highlighting the importance of contractual notification provisions.  The court’s strict approach in Teoco UK Limited v (1) Aircom Jersey 4 Limited (2) Aircom Global Operations Limited is a reminder that where a […]


Victory for RBS in its long-running defence of Property Alliance Group’s high-stakes LIBOR claim

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An appeal brought by property investment and development business Property Alliance Group Limited (PAG) in its long-running case against the Royal Bank of Scotland (RBS) has been dismissed by the Court of Appeal.  PAG was refused permission to appeal the decision to the Supreme Court, which brings to an end the first civil proceedings involving […]


Is the future of dispute resolution online?

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Last month we reported on the increasing drive in English litigation towards alternative means of resolving disputes, including proposals for the increased use of Online Dispute Resolution (ODR). Now, the European Commission has published a report on the function of its online European Dispute Resolution platform, launched in January 2016.  Interestingly, the report reveals that […]


Can ATE insurance constitute adequate security for costs?

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The Court of Appeal in Premier Motorauctions Ltd (in liquidation) v Pricewaterhousecoopers LLP[1] has considered the extent to which an After the Event (ATE) insurance policy is relevant when the court is considering granting security for costs. The case is significant because it raises questions of principle which had not previously been considered at an […]


Lost in translation: a cautionary tale

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The recent case of Frenkel v Lyampert and others [2017] EWHC 2223 (Ch) has highlighted the importance for parties involved in litigation in England & Wales to give early and careful consideration to the English language skills of non-native speakers giving evidence in court proceedings. The case resulted from the breakdown of the relationship between […]


CIArb Business Arbitration

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The Chartered Institute of Arbitrators (CIArb) has launched a new Business Arbitration Scheme (BAS) which aims to provide a simple and cost-effective form of arbitration for claims in the region of £5,000 to £100,000 in value.  The CIArb is a non-profit membership organisation whose focus is on providing alternative dispute resolution services and training to […]


Predictive coding in disclosure exercises

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In Pyrrho Investments Ltd v MWB Property Ltd & Ors [2016] EWHC 256 (Ch), the English High Court has recently approved the use of predictive coding in the disclosure stage of High Court proceedings. In a nutshell, predictive coding is the practice of electronic document review carried out by sophisticated computer software rather than by […]