A recent High Court decision has considered costs related issues in multi-party litigation. The judgment is a careful examination of claimants’ exposure to adverse costs as well as how adverse costs insurance intersects with requirements for posting security for costs. Re Ingenious Litigation In 2014, HMRC launched an investigation into film and video game investments promoted by the Ingenious Media Group leading to enforcement action. Over 500 investors in those schemes subsequently launched proceedings against Ingenious companies, the group chairman and certain banks and advisors, variously alleging negligence and fraudulent misrepresentation. The claims are being case managed together. Although no […]

Disputes arise in all organisations. Dealing with a dispute constructively can enable an organisation achieve its ultimate objectives, save on resources, avoid financial losses, and protect its reputation. In contrast, failing to effectively manage a dispute can negatively impact on the organisation damaging its internal and external relationships and morale. It is beneficial for an organisation to have an effective dispute resolution strategy to ensure that it consistently uses the most appropriate forms of dispute resolution.  The ultimate goal of such a strategy is to ensure that disputes are managed in a way that is in the best interests of […]

Although divorce rates have fallen to their lowest level since the 1970s, separation continues to spike after the festive season. Many attribute the stress and financial burden of trying to create the perfect Christmas as the reason why many married couples head for divorce in January. Divorce Day, which falls on the first Monday back at work after the Christmas period and this year is on January 6, is when many look into the legal separation process. Family lawyers and support organisations receiving more enquiries in the New Year than at any other time. There were 90,871 divorces in 2018, […]

Mediation is a process in which a neutral third party meets with you both, facilitating conversations to help you settle all issues in your divorce: custody, parenting time, child support, spousal support, property and debt division and taxes. The mediator helps you stay calm and rational and ensures that all topics necessary for divorce resolution are discussed. By mediating from the beginning of the case, preferably before either of you files in court, you avoid the delays, excessive legal bills, and trauma that result from the traditional adversarial court process. Most importantly, you protect your children from the turmoil of […]

If you are a human resources professional, chances are that you will have the “opportunity” to be deposed in some form of litigation during your career. Depositions are where attorneys for the parties to the litigation get to ask questions of witnesses “on the record.” Testimony is then typed up in a nice, neat transcript that the attorneys use as part of the evidence to help them prevail in the litigation. This article contains some practical tips on how to conduct yourself if you are ever called upon to be deposed. 1. You Cannot Prepare Too Much The attorney for […]