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Brett Wilson Civil Litigation and Insolvency Blog

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Brett Wilson LLP listed in Legal 500 in four categories

Brett Wilson LLP has been listed in the 2013 edition of the Legal 500 in four separate categories: Defamation and Privacy, Fraud/White Collar Crime, Crime and Fraud/Civil. The directory lists firms who have been recognised as being leaders in a particular field. Partners Nick Brett and Iain Wilson were also separately recommended in the editorial sections…

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Court of Appeal dismisses appeal against consent order

In Watson v sadiq & Anor [2013] EWCA Civ 822 the appellant appealed against a consent order made during the trial of a property dispute on the basis that (1) it was vitiated by duress and/or the absence of true consent and (2) the judge had improperly intervened during the trial and pressured him to settle the…

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Law society urges caution over government proposals to jail bankers for reckless misconduct

The Law society has issued a statement in response to the government’s plans to introduce a new criminal offence of ‘reckless misconduct’ in the banking industry.  Law society Chief Executive Desmond Hudson said, ˜Introducing recklessness as the basis for an offence means that prosecutors will have to decide, possibly years after a business decision was…

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County Court has power to refer contempt cases to Attorney-General

In the case of Utopia Tableware LTD v (1) BBP Marketing Ltd (2) British Bung Manufacturing Co Ltd [2013] EWPCC 28 Mr Justice Birss (sitting as a judge of the Patents County Court) ruled judges in the County Court are able to refer matters to the Attorney-General to consider whether contempt of court proceedings should be brought. The background to…

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Supreme Court guidance on venue and stay applications

In VTB Capital PLC v Nutritek Corp [2013] UKsC 5 the supreme Court was asked to consider the refusal by the Court of Appeal to overturn a decision of Arnold J in the High Court that the proper venue for the trial of the claims brought by the Claimant bank was Russia and not the…

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Serious Organised Crime Agency (SOCA) to be abolished

The Crime and Courts Act 2013 was given Royal Assent on 25 April 2013.  As per section 15(1) of the Act, the serious Organised Crime Agency (sOCA) is to be abolished.  It will be replaced by a National Crime Agency created by virtue of section 1(1) of the Act. sOCA, described as ˜Britains FBI was…

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CFA success Fees and After the Event Insurance premiums cease to be recoverable

save in libel/privacy, insolvency and mesothelioma cases, Conditional Fee Agreement (CFA) success fees and After The Event (ATE) insurance premiums have ceased to be recoverable from the losing party in civil litigation.  The change will not affect CFAs and ATE insurance policies enetered into prior to 1 April 2013. CFAs allow solicitors and their clients to share the risk of the litigation.  The solicitor only charges the…

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A reminder that fishing expeditions and inexplicable delay will not be tolerated

In Banwaitt and Dewji (2013), the Claimant alleged that he had been induced to invest in a land deal in Cambodia through fraud or negligence. A week prior to trial, the Claimant made an application for specific disclosure of the names of other investors and emails between them and Defendant. The application was refused firstly…

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The right of an applicant to be heard when making an application

In Frey & Ors v Labrouche [2012] EWCA Civ 881 the Court of Appeal gave important guidance on the right of a party to make oral submissions when making an application. In the underlying proceedings before the Chancery Division of the High Court the Defendant made an application that the claim be struck out as an abuse of…

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Supreme Court confirms courts have power to strike out dishonest claims after judgment

In Fairclough Homes Ltd v summers [2012] UKsC 26  The supreme Court overturned a line of authorities and held that a claim could be struck out after trial or even after an assessment of damages if it subsequently transpired that it was dishonest. surveillance evidence came to light after trial to show that the Claimant had grossly exaggerated the extent of…

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Articles are intended as an introduction to the topic and do not constitute legal advice.

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