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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

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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