NIPC Law

Lufthansa's Head Offices in Deut z-Cologne  Author Duhon   Licence CC BY-SA 3.0 Deed   Source Wikimedia Commons   Jane Lambert Court of Appeal (Lady Justice King and Lords Justices  Newey and Birss)  Lufthansa Technik AG v Panasonic Avionics Corporation and others [2023] EWCA Civ 1273 (1 Nov 2023) Proceedings in the Chancery Division take place in two stages.  First, there is a trial to determine whether the defendant is liable to the claimant,  If the court finds that the defendant is liable it can order an account of profits or an inquiry as to damages.  An account of profits is a determination of the profits that the defendant has gained from his or her wrongdoing followed by an order for him or her to pay those profits to the claimant.  An inquiry as to damages is a determination of the injury, loss or damage that the claimant has suffered as a result of the defendant's wrongdoing and an order for payment to the claimant.  A cl...

Jane Lambert Immediately to the west of China, the Republic of Kazakhstan straddles Europe and Asia. It was therefore logical for the President of China to announce the project now known as the Belt Road Initiative ("QBRI") to build new road, rail, power and telecommunications links between China and Europe on a visit to that country in 2013 (see  President Xi Jinping delivers speech at Nazarbayev University   9 Sept 2013 YouTube). The construction and maintenance of those transport and communications links across Kazakhstan will require enormous investment from China and other countries.  It is likely that disputes will arise from time to time and a forum will be required for their resolution. The Supreme People's Court of China offers The China International Commercial Court  at X'ian and Shenzhen but the proceedings are in Chinese before Chinese judges and are determined in accordance with Chinese law.  Not every foreign investor, contractor o...

Manchester Civil Justice Centre Author Skip88  Reproduced with kind permission of the author Wikipedia   Jane Lambert The Practice Direction - Pre-Action Conduct and Protocol s has been updated with effect from 9 Oct 2019.  It was last updated on 29 April 2015 and I wrote about the changes in What to do about the new Practice Direction - Pre-Action Conduct on 6 May 2015.   I explained the importance of the Practice Direction in Pre-Action Correspondence - Not Just a Box to be ticked or a Hoop to be jumped through   2 Aug 2017. The updated Practice Direction contains the following paragraphs: Title Number Introduction Para. 1 Objectives of pre-action conduct and protocols Para. 3 Proportionality Para. 4 Steps before issuing a claim at court Para. 6 Experts Para. 7 Settlement and ADR Para. 8 Stocktake and list of issues Para. 12 Compliance with this practice direction and the protocols Para. 13 Limitation Para. 17 Prot...