Procedure

Fixed Costs

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At last! Jackson LJ has, despite his fervent wish in his lecture of 29 January 2016, accepted a comission to review fixed costs of civil litigation – per the Judiciary website: the terms being: To develop proposals for extending the present civil fixed recoverable costs regime in England and Wales so as to make the […]

Evidence

Case management in the RBS shareholders litigation

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Another reminder that the court will take a robust stance on case management. In this latest procedural hearing of the┬áRBS Rights Issue Litigation [2015] EWHC 3433 (Ch)Mr Justice Hildyard balanced carefully (after traversing the authorities) whether additional expert evidence should be permitted – and, as he was not persuaded that it would assist the court, […]

Evidence

Destroying evidence – fatal?

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In Baxter v Barnes [2015] EWHC 54 (QB) Judge Collender QC helpfully summarises the position regarding destruction of evidence by a party. The leading authority on the point is that in Malhotra v Dhawan [1997] EWCA Civ 1096 which draws a distinction between deliberate destruction of evidence to hinder a claim which will carry a […]