Lord Neuberger has put the ravenous tiger amongst the pigeons in the very recent COVENTRY V LAWRENCE judgmenthttp://www.supremecourt.uk/decided-cases/docs/UKSC_2012_0076_Judgment.pdf
At paras 32-48 inclusive he raises but does not answer a multi- billion pound question.Is it unlawful to require a paying party to stump up a success fee and ate premium ? Might not these act as a burden such as would meddle with the right to a fair trial and also offend Article 1 to the first protocol (the right to respect for property , here one's loot )?
The paying party has been given the opportunity to make submissions.
Is is odd that the point was not grasped by the same Judge in TRAFIGURA where the numbers were colossal , a bill just over £100m.
It may well all blow over .Only time will tell.
At paras 32-48 inclusive he raises but does not answer a multi- billion pound question.Is it unlawful to require a paying party to stump up a success fee and ate premium ? Might not these act as a burden such as would meddle with the right to a fair trial and also offend Article 1 to the first protocol (the right to respect for property , here one's loot )?
The paying party has been given the opportunity to make submissions.
Is is odd that the point was not grasped by the same Judge in TRAFIGURA where the numbers were colossal , a bill just over £100m.
It may well all blow over .Only time will tell.
