From the category archives:

Law

Litigation tsunami?

by Jolyon on 30 June, 2009

The front page splash in The Lawyer yesterday was that EC3 law firms would be doing well out of the forthcoming “tidal wave of litigation“.
Certain of the quotes were remarkably insensitive. The comment that”the London market’s walking around with a smile on its face” from one senior partner managed to combine smugness [...]

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Outsource routine lawyering

by Jolyon on 18 June, 2009

It’s been a long time coming, but someone has finally seen the sense in outsourcing not just support functions but more routine legal work. Rio Tinto are parceling up their more everyday lawyering to an outfit called CPA Global in India:
It works like this: Rio Tinto is building a team of CPA lawyers [...]

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RMP -v- Brent: A decisive victory

by Jolyon on 9 June, 2009

In a 3-0 decision the Court of Appeal has today ruled decisively that it is beyond the power of any local authority to set up and participate in a mutual insurer.
The unanimous decision of their Lordships in the case of RMP -v- Brent [2009] EWCA Civ 490 not only reinforces but goes further than the [...]

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The grapes of froth

by Jolyon on 19 September, 2008

Two years ago, I was doing a deposition with a witness in a very long-running, very messy and very costly reinsurance dispute. It was the third time that we had been through the process, with various parties, so we were very familiar with the facts, the issues and the questions likely to be put.
Asking [...]

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New case on disclosure & privilege

by Jolyon on 3 April, 2008

In the recent case of Expandable Ltd. v. Rubin, the Court of Appeal has held that mere mention of a letter does not automatically waive legal professional privilege.
The judgment, given by Rix LJ, went to two points. First, had the letter been “mentioned” for the purposes of CPR 31.14; second, if it was so [...]

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stupid v. tricky?

by Jolyon on 30 September, 2007

The ever-excellent OutLaw reports on this case where some 16-year-old girl in Texas had her picture uploaded to flickr by her youth counsellor, a Mr Wong. Virgin used it in an ad, allegedly without permission from either Wong or the girl.
Wong apparently changed the Creative Commons licence–which defaults on flickr to ‘no use by [...]

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Directories

by Jolyon on 20 September, 2007

First off, I shouldn’t complain too much, as I do get a listing as one of the Leading Individuals in Insurance & Reinsurance Litigation, which is nice even if it does make me sound like a luxury hotel.
However, one should treat industry directories with caution. Legal 500 have some oddities this year. [...]

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Cyberwarfare

by Jolyon on 2 July, 2007

There’s an interesting account in a recent Economist (and also on their website (subscription)) about a recent cyber-warfare attack on Estonia’s infrastructure. This came amidst their recent spat with Russia over the re-siting of a statue commemorating the Glorious Motherland’s achievements in Estonia during the Great Patriotic War (aka WW2), which I read somewhere [...]

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Rock, paper, scissors

by Jolyon on 2 July, 2007

This is apparently true:
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
Case No. 6:05-cv-1430-Orl-31JGG
AVISTA MANAGEMENT, INC.,
d/b/a Avista Plex, Inc.,
Plaintiff,
-vs-
WAUSAU UNDERWRITERS INSURANCE
COMPANY,
Defendant.
______________________________________
ORDER
This matter comes before the Court on Plaintiff’s Motion to designate location of a Rule
30(b)(6) deposition (Doc. 105). Upon consideration of the Motion – the latest in a series of Gordian knots that the parties have [...]

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Unless orders

by Jolyon on 18 May, 2007

Marcan Shipping (London) Ltd v Kefalas.
CA (Civ Div). 17 May 2007
Sanctions under an ‘unless’ order take effect without the need for any further order in the event of non-compliance in any material way. The other party does not need to apply to the court for the sanction to be imposed. Rather, the party in default [...]

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