Limitation : when time begins to run. Preface In order to be actionable (i.e. sustainable at law) all claims for legal remedies  ( ie causes of action) must be must involve some element of breach and that breach in turn must cause loss.  It follows that one cannot sue on a cause of action unless … Continue reading Limitation, Damage and THE Running of Time

Limitation and the Midnight Hour The majority of common law legal systems contain rules which specify the length of time in which a Claimant has to commence legal proceedings.  Once the relevant period has expired the Claimant is prohibited from bringing any claims thereafter. These restrictions are founded upon sound policy precepts: the obligation on … Continue reading Limitation and the Midnight Hour

Litigation England & Wales By reason of what follows, all references to ‘England’ may properly be taken to include Wales. All references to ‘English’ may also properly be taken to mean Welsh. The Courts of England and Wales place considerable emphasis on the pragmatic expeditious and cost-effective resolution of any Court Business that comes before … Continue reading CLG Brochure: Litigation Section (E and W)

Preface The marked retreat of state funding for civil disputes in England and Wales allied with the (generally) increased costs of going to Court has meant that new ways of providing finance to a client with limited resources - but an ostensibly genuine and worthwhile claim – is essential.  This Article sets out the broad … Continue reading Litigation Funding in England and Wales: Certain Observations

Statement of Law The English Court has power to order the taking of evidence by way of deposition from a non-party witness for the purpose of supporting a foreign arbitration. A & Anor v. C & Others [2020] EWCA Civ 49 The Court of Appeal so held - when allowing an appeal by the Claimants … Continue reading Evidence to Assist a Foreign Arbitration: Case Law

“Never anything can be amiss, when simpleness and duty tender it” William Shakespeare (from A Midsummer Night’s Dream) Disputes : Documents and Disclosure Preface The eloquent sentiments of this quotation from England’s finest Bard might properly inform that approach on possibly the most important aspect and burdensome of legal tasks: the duty to disclose material … Continue reading Disputes: Documents and Disclosure

Payne & Anor. v. Payne [2018] EWCA Civ. 985 A recent decision in the Court of Appeal (Civil Division) has blown a breeze of clarity on a question which had hitherto been unanswered for over 180 years : what must a Testator do to ensure that their Will is properly witnessed? Some background first of … Continue reading Witnessing a Will

1.         Preface The concept of force majeure, although recognised by other European civil legal systems, is broadly alien to the English Common Law.  It is a concept which only derives its lifeblood from being present in a contract and as such needs to be carefully and - as best possible - clearly defined. 2.         Force … Continue reading Force Majeure: England and Wales

1.         Preface Part 36 of the English Civil Procedure Rules (CPR) offers the opportunity to the thoughtful solicitor and commercially-minded client to achieve a pre-trial resolution. Part 36 is a self-contained code.  It contains a carefully structured and highly prescriptive set of rules.  It deals with formal offers to settle proceedings. Where the party making … Continue reading Part 36 Recent Cases