Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
4 July 2014
Norwich Pharmacal order: providing assistance and information to another party – costs denied
Under the Norwich Pharmacal procedure the court can order that an individual or entity (the third party), who is not a party to court proceedings but who must be, innocently or not, mixed up in the wrongdoing, must assist a party to those proceedings (the applicant) by providing information or documents in respect of the (intended) proceedings. The information/documents might be required to enable the applicant to identify the wrongdoer, to pursue its claim and plead its case fully, to identify the full nature of the wrongdoing and/or to trace assets. In these circumstances the usual costs rule followed by the court is that the party seeking the information bears the costs and expenses incurred by the third party in complying with the order and in providing that information.
12 March 2014
Disclosure – the fine line between non-compliance and inept compliance
In the case of Global Marine Drillships Ltd v William La Bella & Ors (2014), the High Court found that it was not appropriate to strike out the claim on the grounds of non-compliance with a disclosure order, as the evidence as a whole was not sufficient to show that the disclosure had been incomplete.
4 February 2014
Inheritance dispute: Will not suspicious enough for the court
The High Court has handed the latest blow to individuals looking to challenge a will on the ground of ‘want of knowledge and approval’ in the case of Tony Pittas v Katerina Christou and Eleni Loizou (2014).
20 January 2014
High Court examines the interrelationship between Inheritance Act and the Insolvency Act
In the case of B v IB [2013] EWHC 3755 (Fam) the High Court has determined the status of an application made under s.423 of the Insolvency Act 1986 issued during divorce proceedings where the husband had died during the process and the wife intended to commence new proceedings under s.10 of the Inheritance (Provision for Family and Dependants) Act 1975.
30 December 2013
Expert shopping is not for the privileged
The use of experts in litigation cases to support evidence, and more specifically the act of shopping for experts has brought the issue of legal professional privilege under the Court’s spotlight again.