In PBS v BESTER (2020) EWCA 404 Coulson LJ at paragraph 23 stated principles with respect to enforcement of compulsory adjudication awards in the construction industry when there are allegations of fraud, as follows : (1) If the allegations of fraud were made, or could and should have been made, in the adjudication, that cannot subsequently amount to a reason not to enforce the decision; (2) If on the other hand (I) the adjudicator’ s decision was arguably procured by fraud or (I) where the material relied upon by the adjudicator is shown to be both (a) material and (b) arguably fraudulent and (iii) the allegation of fraud could not have been raised in the adjudication, such allegations can be a proper ground for resisting enforcement.

On “ Confidentiality Rings” in civil litigation, see INFDERATION Ltd v GOOGLE LLC (2020) EWHC 657(Ch) at paras 27-47 inc.

In R (Parreen) v Redbridge LBC (2020) EWCA Civ 194 the Court of Appeal has reiterated the principles that should be applied when dealing with the costs of judicial review proceedings which have been withdrawn or settled prior to a full hearing in circumstances where the claimant has obtained all or some of the relief claimed. It is necessary to identify the “successful party”, but success consists not only in obtaining the relief sought, but also obtaining it earlier than would otherwise have been the case.  The Court of Appeal also reiterated  however that investigation of such matters has to be kept within reasonable and proportionate bounds; and that the fact that the claimant obtained the relief sought did not necessarily mean that the proceedings had caused or contributed to that outcome.