Last October, I was thrilled to be asked to attend the Fall Conference of Litigation Counsel of America (LCA), held in Boston. I reported on the conference and my experiences in posts entitled Postcard from Boston, Earwigging and No Tea Party in October and November last year. LCA is an organisation of trial and litigation lawyers.… Read More »
One of the endearing characteristics of the law in this country is the concept of precedence. In civil law countries reference is made to the relevant Code and often scant attention is paid to previous experiences and decisions. Under the common law system, earlier decisions of superior courts are the very lifeblood of the law… Read More »
If you thought that predictive coding (or whatever you choose to call it; I came across Black Box Coding and Easy Button Review recently) was the hot topic of the moment, a close second must be reports that the courts are getting to grips with a whole range of issues arising out of the disclosure… Read More »
In the context of a claim for $274m, it might be argued that an order that the claimant pay £135,000 in wasted costs is of no great account. I suspect that if you are Herbert Smith client West African Gas Pipeline Company Limited (known throughout the case as WAPCo) you might take a different view.… Read More »
Two things: Firstly, try saying this out loud as quickly as you can: Peter Piper picked a peck of pickled peppers, A peck of pickled peppers Peter Piper picked; If Peter Piper picked a peck of pickled peppers, Where’s the peck of pickled peppers Peter Piper picked? Secondly, some of you will recall that in… Read More »
Charles Holloway wonders whether offering the “key to the warehouse” promises a better choice of menu when it comes to reducing the costs of civil litigation. Some time ago, I recall having a somewhat unedifying row with a waiter at a restaurant in Naples, Italy as the Americans would say (presumably so as not to confuse it with… Read More »
My eye was drawn to the recent piece in the Lawyer [Stephenson Harwood uses Facebook to serve court claim, 21st Feb, 2012] noting that the High Court has agreed that a claim may be served on a party via Facebook. If ever there was an indication that social media is now mainstream, this is surely it.… Read More »
The Great White Shark which terrorised the fictional seaside resort of Amity in the 1970s was a classic of its time and of its type. There have been a number of follow up films, none anything like as good as the original because now everyone knows the plot. Nonetheless this means that I do not… Read More »
Go away for a few days and when you come back it often takes an inordinate amount of time to catch up with developments. It is always the same and this time is no different. I left you with thoughts on Va Va Voom (Voom HD Holdings LLC v EchoStar Satellite LLC Index M 1748… Read More »
Several weeks ago and just before the EU published its proposals to replace the EU Data Protection Directive 95/46, I wrote, admittedly somewhat tongue in cheek, about what might be contained in the new draft. [The right to be forgotten, Smart e-Discovery blog, 24th January, 2012]. Since then, the EU has produced its proposals to a… Read More »