This is an extract of our Forum Shopping International Aspects Of Litigation document, which we sell as part of our Advanced Commercial Litigation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.
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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?
* 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)?
* Pro-active judges (CPR 1, 3.1-3.4)?
* 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?
* 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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