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10 November 2017 / Dominic Regan
Issue: 7769 / Categories: Features , Profession
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In the heat of battle...

Dominic Regan recounts tales of momentous show downs, fibbing & worse in & out of court

Trial represents the culmination of a dispute. Like a boxing match, two opponents enter the ring, each believing they will win. One is going to be disappointed. Worse still, each party will be confronted by a hostile opponent. To cap it all, a testy judge can let rip. Those considerations regularly provoke settlement, with particular emphasis on ADR. However, a steady flow of optimists fight on.

Prove it or lose it

Anything and everything can go wrong. Marathon Asset Management LLP v Seddon (2017) 2 Costs LR 255. The claimant had rejected a Pt 36 offer to settle pitched at £1.5m. The trial did not quite go to plan. While there was breach there was no evidence of consequential loss. A slightly lower award of £1 was made. Prove it or lose it as the old litigation adage goes.

Tales from the dock

Experts are regularly paid large sums of money for their litigation opinions. I felt utter sympathy for the unfortunate one in Weatherford Global Products v Hyrdopath

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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