ANALYSIS: Commercial Dispute Resolution And Life At The Bar

[email protected] (4 New Square Chambers)

ANALYSIS will examine a wide range of current issues in dispute resolution including commercial fraud, construction, costs and litigation funding, disciplinary and regulatory issues, insurance, international arbitration and commercial disputes, professional liability and sports. You will also hear from our barristers about their experiences of life at the Bar starting with pupillage.

  • 41 minutes 11 seconds
    Security for Costs Security for Costs

    In this episode of our costs and litigation funding mini-series, Roger Mallalieu KC, Hugh Evans, and Ben Smiley examine security for costs.

    They discuss the fundamental principles and offer top tips for successfully making a security for costs application. The episode also explores the use of after the event insurance (ATE Insurance) and Anti-Avoidance Endorsements (AAE) as forms of security for costs.

    30 July 2024, 12:15 pm
  • 39 minutes 2 seconds
    Costs Issues in Group Litigation

    In the second episode of our costs and litigation funding mini-series, 4 New Square Chambers’ Benjamin Williams KC and Theo Barclay discuss the complexities of costs in group litigation.

    They discuss the distinction between individual and common costs, examining the mechanisms designed to simplify the allocation of common costs and offering insights into how these systems can be effectively utilised.

    Furthermore, they delve into the role of cost budgeting, evaluating its effectiveness in controlling and forecasting costs in complex legal proceedings, and highlight the challenges posed by the detailed assessment of costs in large-scale group litigation.

    29 July 2024, 1:41 pm
  • 26 minutes
    The Fallout from Paccar The Fallout from Paccar

    Join 4 New Square Chambers’ Robert Marven KC, Pippa Manby, and Theo Barclay as they launch our mini-series on costs and litigation funding.

    In this opening episode, the team delves into the repercussions of the Supreme Court’s unexpected ruling in Paccar, which sent shockwaves through the industry. They recount a tumultuous year marked by this landmark decision, which many feared could spell the end of litigation funding as we know it.

    22 July 2024, 2:34 pm
  • 33 minutes 8 seconds
    What is, or is not, a SLAPP? An Examination of the SRA Guidance and its Ramifications What is, or is not a SLAPP? An Examination of the SRA Guidance and its Ramifications

    In this podcast episode, 4 New Square Chambers Barristers Clare Dixon KC and Ben Smiley explore the SRA’s guidance on SLAPPs (Strategic Lawsuits Against Public Participation), the implications for litigation conduct and the challenges it presents to solicitors, COLPs and GCs.

    With the publication on 31 May 2024 of the SRA’s updated Warning Notice on SLAPPs, this podcast couldn’t have come at a better time.

    15 July 2024, 8:56 am
  • 16 minutes 55 seconds
    What you need to know about audit What you need to know about audit

    In this latest episode of our back to basics Conversations in Professional Liability series, Helen Evans KC, Marie-Claire O’Kane and Will Cook explain all you need to know about audit, discuss key judgments and legal developments and consider what might lie ahead in auditor’s negligence.

    13 December 2023, 1:17 pm
  • 34 minutes 16 seconds
    Conversations in Professional Liability Episode 3: What you need to know about wasted costs What you need to know about wasted costs

    In this latest episode of our back to basics Conversations in Professional Liability series, barristers Amanda Savage KC, Paul Parker and Ben Smiley discuss all you need to know about applications for wasted costs; what they are, how you go about making them and what hurdles there might be.

    22 November 2023, 2:08 pm
  • 36 minutes 43 seconds
    Conversations in Professional Liability Episode 2: What you need to know about costs in professional liability work What you need to know about costs in professional negligence work

    In this latest episode of our Conversations in Professional Liability series, barristers Hugh Evans, Stephen Innes and Matt Waszak look at some of the key points and topics related to costs from the perspective of a professional liability practitioner including pre-action costs, part 36, assessment of costs and the civil justice council costs review.

    9 October 2023, 4:29 pm
  • 40 minutes 22 seconds
    Duty of care in contractual chains; Have we reached a consensus? Duty of care in contractual chains; have we reached a consensus?
    20 July 2023, 4:09 pm
  • 34 minutes 30 seconds
    Conversations in Professional Liability Episode 1: What you need to know about solicitor’s minimum term insurance Episode 1 Conversations in professional Liability: What you need to know about solicitor's minimum term insurance

    In this first episode of our new series, Conversations in Professional Liability, barristers Jamie Smith KC, Clare Dixon KC and Anthony Jones explain the insurance cover solicitors are required to obtain (minimum term insurance) and look at the types of claim are covered and which are not.  They explain how claims attach to a policy, whether multiple claims can be aggregated and the consequences if they are not. 

    20 July 2023, 8:46 am
  • Tim Chelmick and Hannah Daly to speak at ThoughtLeaders4 Webinar

    4 New Square Chambers’ Tim Chelmick and Hannah Daly will join Andrew James of PCB Byrne in a webinar hosted by ThoughtLeaders4 Disputes on 4th November 2022.

    The October 2022 amendments to the Civil Procedure rules have brought about significant change to the service of claims out of the jurisdiction. The ‘gateways’ included in Practice Direction 6B have undergone no fewer than 20 substantive changes with several entirely new gateways having been added. These changes come in the wake of the significant upheaval of the rules of international jurisdiction in the UK brought about by Brexit and the UK’s exit from the Brussels Regime.

    In this talk the speakers will consider the impact of these amendments on the scope of the English court’s jurisdiction in civil and commercial matters and the opportunities and difficulties these changes may bring for foreign litigants in England.

    Amongst other topics the panellists will cover:

    • Jurisdictional aspects of the new gateways, in particular the new gateway for information orders against non-parties to the proceedings;
    • Whether the amendments represent change or merely the codification of existing rules and practice;
    • What impact the new gateways are likely to have when it comes to challenging jurisdiction, from a claimant and defendant point of view.
    21 October 2022, 9:13 am
  • 40 minutes 17 seconds
    When Tax Schemes Go Sour
    In this podcast episode, barristers Paul Mitchell KC and Ben Smiley focus on the position of professionals who recommend tax avoidance or mitigation schemes or who adapt the contractual documentation necessary to give effect to these schemes. They will also be touching on a very recent claim against the architect of one such scheme, a tax Silk.
    13 July 2022, 8:32 am
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