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Legal Professional Privilege (LLP) protects communications between lawyer and client from being disclosed. O nly communications with lawyers will be protected against disclosure and it follows that LPP is not available to advice given by Claims Consultancies that are not peopled by qualified lawyers. What is legal professional privilege? Legal advice privilege consists of written or oral communications between lawyer and client and not with third parties, for the dominant purpose of giving or getting legal advice. The lawyer’s client will receive this protection and the courts have identified who are the individuals in a corporation that will be classified as “the client” having this protection against disclosure of sensitive communications, made by the corporation and by these individuals on behalf of the corporation. The two recent cases RBS Rights Issue Litigation [2016] EWHC 3161 and The Director of the Serious Fraud Office -v- Eurasian Natural Resources Corporation Limited [2017] ...
Litigation is as much about tactics as any sports contest or military battle. The tactics you employ can wrong-foot your opponent and they are as important as getting the upper hand in the drama of the court room. Sometimes the battle is won without a single shot being fired. W hat tactics can you employ to force the hand of your opponent to bring about a satisfactory settlement of your claim or defence to a claim in civil proceedings? A major tactic to be employed by either party is the part 36 offer. That is under part 36 of the Civil Procedure Rules. If the offer is pitched at the right level it can put huge pressure on your opponent, by forcing them to make a decision on whether to accept the offer or to risk costs penalties being imposed if the court awards more than or equal to the ...
If you are a Claimant in the High Court or County Court you should be aware that a fast and easy way of getting your money from a Defendant that you are claiming against is for you to get from the court a judgment in default of Defence or Acknowledgment of Service. T he Defendant has to comply with strict time limits to file and send their Defence and Acknowledgment of Service of the claim to you. If they do not comply with these time limits the Claimant has the chance to use an element of surprise by getting judgment without the Defendant having the opportunity of defending the claim. The Defendant that is caught out in this way can apply to have the judgment in default of Defence or Acknowledgment of Service set aside in certain circumstances. These are described below. CPR 13.3 (1) permits the court to set ...
HE WHO PAYS THE PIPER – THE INDEPENDENCE OF EXPERTS IN CONSTRUCTION DISPUTES The overriding truth of experts in construction disputes He who pays the piper does not call the tune in the Technology and Construction Court when it comes to the giving of expert evidence. This is because although experts owe a duty of care to those instructing them the Civil Procedure Rules make it clear that they have an overriding duty to the court to assist it in matters within the expert’s expertise. They must provide independent evidence of their opinion. The Civil Justice’s Protocol for the Instruction of Experts to give evidence in Civil Claims says that a useful test of independence is whether the expert would express the same opinion if given the same instructions by an opposing party. Paragraph 4.3 of the Protocol says experts should not take it upon themselves to promote the point ...
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