Litigation and Alternative Dispute Resolution


Law360 (October 8, 2019, 8:20 PM EDT) -- Copano Energy LLC told the Texas Supreme Court in oral arguments on Tuesday that email exchanges between its representatives and an attorney for a landowner discussing the price the company would pay for an easement are not enough to sustain the breach-of-contract suit it is now facing.

Read more: Texas Justices Told Emails Can't Support Breach Claims


Authors: Michael Bath, Partner & Kate Martin, Associate

In the usual course of litigation, 'costs follow the event', meaning that upon a determination, payment of the successful party’s costs are ordered against the unsuccessful party. However where there is a question as to whether a party can meet an adverse costs order, security for costs may be awarded.

Read more: Security for Costs – Now Available for Order Against Third Parties


Authors: Katherine Hayes, Partner & Elise Turnbull, Senior Associate

On 9 September 2019, in Australian Securities and Investments Commission v Mitchell [2019] FCA 1484. Justice Beach2 once again provided a clear explanation of the relevant test to be satisfied when seeking to rely on litigation privilege. 

Read more: Director Fails to Access ASIC’s Pre-Litigation Witness Communications


Authors: Mark Brookes, Partner & Greg Stirling, Senior Associate

Introduction

A recent decision of the New South Wales District Court in the matter of Bird v Stonham t/as John Stonham & Co Lawyers [2019] NSWDC 419. has provided a useful reminder of a number of principles applicable to the consideration of negligence claims against solicitors arising from failed litigation.

Read more: Court Clarifies Solicitors' Pre-Litigation Duty to Clients


On 4 September 2019, the High Court confirmed in Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29. that the so-called Chorley exception is no longer part of the common law of Australia.

Read more: Self-Represented Legal Practitioners Can No Longer Claim Professional Costs