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4 New Square Chambers: In Brief

4 New Square Chambers: In Brief

By: 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 Career Success Economics
Episodes
  • Allied Maples at Thirty: Allied Maples v Simmons & Simmons Allied Maples at Thirty: Allied Maples v Simmons & Simmons

    Allied Maples at Thirty: Allied Maples v Simmons & Simmons Allied Maples at Thirty: Allied Maples v Simmons & Simmons
    Jul 11 2025
    Thirty years on from the landmark decision in Allied Maples v Simmons & Simmons, Sir Rupert Jackson, Roger Stewart KC, and 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
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    32 mins
  • New Representative Actions: Litigation Funding, Costs, and Court Decisions New Representative Actions: Litigation Funding, Costs, and Court Decisions

    New Representative Actions: Litigation Funding, Costs, and Court Decisions New Representative Actions: Litigation Funding, Costs, and Court Decisions
    Nov 19 2024
    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 mins
  • 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

    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
    Nov 18 2024
    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 mins
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