4 New Square Chambers: In Brief

著者: 4 New Square Chambers
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  • 4 New Square Chambers: In Brief is the regular podcast series from leading commercial barristers’ chambers 4 New Square. In each episode, you will hear from our members of chambers who will examine current issues in commercial dispute resolution as well as life at the Bar.
    © 4 NEW SQUARE CHAMBERS ALL RIGHTS RESERVED
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4 New Square Chambers: In Brief is the regular podcast series from leading commercial barristers’ chambers 4 New Square. In each episode, you will hear from our members of chambers who will examine current issues in commercial dispute resolution as well as life at the Bar.
© 4 NEW SQUARE CHAMBERS ALL RIGHTS RESERVED
エピソード
  • New Representative Actions: Litigation Funding, Costs, and Court Decisions New Representative Actions: Litigation Funding, Costs, and Court Decisions
    2024/11/19
    4 New Square Chambers’ George McDonald and Matt Waszak explore new representative actions and the complex interplay between litigation funding and class actions, addressing the legal challenges that arise. They emphasise the importance of courts making early rulings on funding arrangements to ensure the viability of class actions. Key Topics Discussed: Funding Challenges: Issues related to funding agreements and privity of contract among class members. Early Court Decisions: The potential for courts to provide early clarity on funding arrangements. Conditional Fee Agreements (CFAs): Insights into CFAs, including success fees and cost recovery for class representatives. Damages-Based Agreements (DBAs): Limitations and challenges of DBAs in collective actions. Adverse Costs: Discussion on liability for adverse costs in representative actions. Legislative Reforms: Speculation on potential reforms to expand the CAT's collective action regime for consumer claims. Judicial Management: The proactive role of courts in managing funding and costs early in litigation. Early Determinations: Advantages of pre-emptive court decisions on funding for smoother processes. Recommendations for Funders: Guidance on creating tailored funding agreements for representative actions.
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    28 分
  • Claims in the CAT: An Analysis of the Competition Appeal Tribunal (CAT) and Key Cost-related Issues Claims in the Cat - An analysis of the Competition Appeal Tribunal (CAT) and key cost-related issues
    2024/11/18
    In this latest episode in our costs and litigation funding mini-series, 4 New Square Chambers’ Nicholas Bacon KC, George McDonald, and Ben Smiley provide an authoritative analysis of the Competition Appeal Tribunal (CAT) and the key cost-related issues that are arising in CAT proceedings. This episode will cover: The CAT’s approach to litigation funding arrangements, including the scrutiny of funding agreements and the returns available to funders. The complexities surrounding the distribution of collective settlements, with a focus on how the CAT manages the allocation of damages and costs, and the potential for judicial intervention to adjust terms proposed by the parties. The impact of the ongoing PACCAR reforms on CAT cases, particularly with regard to procedural and cost-related considerations. Key procedural issues unique to the CAT, such as the treatment of costs incurred at the certification stage. This episode offers an informed perspective on how the CAT is handling these issues and what practitioners can expect as more cases proceed to settlement and distribution.
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    33 分
  • Security for Costs Security for Costs
    2024/07/30
    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.
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    41 分

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