The impact of After the Event Insurance on Security for Costs applications
In the recent case of Geophysical Service Centre Company Ltd v Dowell Schlumberger (Middle East) Inc. ([2013] EWHC147 (TCC)) the defendant applied for security for costs. The defendant said they had sufficient evidence that the claimant would not be able to pay an adverse costs order. For a security for costs application to be successful in England, the conditions set out in Ci…
Protective Expenses Order rules coming into force
Further to the Scottish Government's response in October 2012 to its consultation "Legal Challenges to Decisions by Public Authorities under the Public Participation Directive 2003/35/EC", new Court of Session rules will be coming into force on 25 March 2013 codifying the procedure for Protective Expenses Orders ("PEOs") in environmental appeals and judicial reviews. A PEO is a…
UK Implementation of New Late Payment Directive
As the deadline of 16 March 2013 approaches for national implementation of Directive 2011/7/EU, the new directive on combatting late payment in commercial transactions, regulations have been laid before the UK and Scottish parliaments to effect the required changes. The new Directive Directive 2011/7/EU (the "new Directive") will be replacing the previous EU directive on late p…
Scottish Government announces plans to modernise Scotland’s courts
On 27 February 2013, the Scottish Government released details of its proposals to reform the Scottish court system. This follows on from the report of Lord Gill who was appointed to review the operation of civil courts in Scotland. The results are bound to change the face of the Scottish court system and, in particular, are designed to improve the responsiveness and efficiency …
Judicial Interest Rate Update
The much anticipated appeal decision in the case of Farstad Supply AS v Enviroco Ltd was issued on 20 February 2013. In short, the Lord Ordinary's decision to exercise the discretion afforded by the Interest on Damages (Scotland) Act 1958 to apply pre-decree interest of 4% rather than the standard judicial rate of 8% from 5 December 2008 was upheld. The issue arose in circumsta…
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