4 New Square Chambers: In Brief

Choosing Your Arbitration Tribunal – London Arbitration Week 2025 Choosing Your Arbitration Tribunal - London Arbitration Week 2025

THIS PODCAST IS A RECORDING OF THE 4 NEW SQUARE CHAMBERS PANEL DISCUSSION, ‘CHOOSING YOUR ARBITRATION TRIBUNAL’, FROM LONDON ARBITRATION WEEK 2025. The panel discuss the practical and strategic considerations involved in constituting an arbitral tribunal. The session combined recent case examples with institutional perspectives and reform initiatives, offering both technical guidance and strategic insights for counsel and parties. Speakers: * Sian Mirchandani KC [https://www.4newsquare.com/profile/sian-mirchandani/], 4 New Square Chambers – Moderator * Nicholas Fletcher KC [https://www.4newsquare.com/profile/nicholas-fletcher-kc/], 4 New Square Chambers * Kelly Yu [https://www.4newsquare.com/profile/kelly-yu/], 4 New Square Chambers * Wing Shek, LCIA * George Burn [https://www.bclplaw.com/en-US/people/george-burn.html], BCLP * Matthew Buckle [https://www.osborneclarke.com/lawyers/matthew-buckle], Osborne Clarke

Allied Maples at Thirty: Allied Maples v Simmons & Simmons Allied Maples at Thirty: Allied Maples v Simmons & Simmons

Thirty years on from the landmark decision in Allied Maples v Simmons & Simmons, Sir Rupert Jackson [https://www.4newsquare.com/profile/sir-rupert-jackson/], Roger Stewart KC [https://www.4newsquare.com/profile/roger-stewart-kc/], and Hugh Evans [https://www.4newsquare.com/profile/hugh-evans/] reflect on its lasting impact on professional negligence law and the application of its principles in modern litigation. They discuss the development of the loss of a chance doctrine, its use across different legal contexts, and the ongoing challenges it presents. With insights into recent case law and continuing debates around causation and quantification, this episode offers thoughtful analysis to mark a significant anniversary. Read the full judgment here: Allied Maples v Simmons & Simmons [https://www.bailii.org/ew/cases/EWCA/Civ/1995/17.html]

New Representative Actions: Litigation Funding, Costs, and Court Decisions New Representative Actions: Litigation Funding, Costs, and Court Decisions

4 NEW SQUARE CHAMBERS’ GEORGE MCDONALD [https://www.4newsquare.com/profile/george-mcdonald/] AND MATT WASZAK [https://www.4newsquare.com/profile/matthew-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.

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

IN THIS LATEST EPISODE IN OUR COSTS AND LITIGATION FUNDING MINI-SERIES, 4 NEW SQUARE CHAMBERS’ NICHOLAS BACON KC [https://www.4newsquare.com/profile/nicholas-bacon-kc/], GEORGE MCDONALD [https://www.4newsquare.com/profile/george-mcdonald/], AND BEN SMILEY [https://www.4newsquare.com/profile/ben-smiley/] PROVIDE AN AUTHORITATIVE ANALYSIS OF THE COMPETITION APPEAL TRIBUNAL [https://www.catribunal.org.uk/] (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.

Security for Costs Security for Costs

In this episode of our costs and litigation funding mini-series, Roger Mallalieu KC [https://www.4newsquare.com/profile/roger-mallalieu/], Hugh Evans [https://www.4newsquare.com/profile/hugh-evans/], and Ben Smiley [https://www.4newsquare.com/profile/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.