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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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