Forum Shopping International Aspects Of Litigation Notes

LPC Law Notes > Advanced Commercial Litigation Notes

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Advanced Commercial Litigation Forum Shopping & International Aspects of Litigation Deciding Where to Commence Proceedings When advising a client on where to commence proceedings there are a number of things to consider and compare to another jurisdiction: Costs

* Conditional fee arrangements? Levels of fees charged?

* Cost to commence proceedings? Costs throughout? Court fees?

Evidence

* Burden of proof? Hearsay evidence (CPR 33)?

* Disclosure (CPR 31)? Standard disclosure and inspection? Pre-Action disclosure (CPR 31.16)

* Common interest privilege availability?

* How are costs recoverable (CPR 44.2)?

* Promotion of ADR/settlement (CPR 36/44.2(5))

* Expert evidence (CPR 35.4)? Privilege for instructions (CPR 35.10(4))

* Security for costs (CPR 25.12)?

Procedure

* Pro-active judges (CPR 1, 3.1-3.4)?

Remedies/Enforcement

* Interim injunction for confidentiality issues (CPR 25)?

* Ability to join parties to the case (CPR 19-20)?

* Limitation issues?

* Court's approach to foreign law (s.4 CEA 1972)?

* Availability of interim applications?

* Rules on quantification, mitigation, causation and remoteness of damages?

* Case management hearings? Length of trial/case?

* Judgment in Sterling or Euros?
Conversion/exchange rate?

* Rules on interest (CPR 40)?

* Time for paying damages (CPR 40.11)?

* Methods of enforcement (e.g. taking control of goods (CPR 83-86) or third party debt orders (CPR 72).

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