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Last updateTue, 24 Feb 2015 5pm

The Commercial Litigation Journal: January/February 2016

Dov Ohrenstein investigates a recent case of implied terms

The decision of the Supreme Court in Marks & Spencer plc v BNP Paribas Securities Services Trust Company Ltd [2015] should be of interest to anyone considering the question of how and when a court will imply terms into contracts.

Martin Meredith provides a timely reminder on the signature of statements of truth

The recent High Court decision of Bao Xiang International Garment Centre v British Airways plc [2015] (Bao Xiang) serves as a pertinent reminder for lawyers of the importance associated with signing statements of truth, the need to ensure that there is authority from the client(s) to bring a claim, the appropriate procedure to apply when proceedings must be issued without authority, and the significance of legal conduct so as to avoid any suggestion of an abuse of process.

Gwendoline Davies and Andrew Beck explain the important principle of legal advice privilege and offer their practical advice

Privilege is a hugely valuable legal right, and hit the legal headlines nationally and internationally in 2015. It entitles a client to withhold documents (including electronic communications) from a court or third party, without any adverse inferences being drawn.

Anna Pertoldi and Maura McIntosh look back at some of the key developments of 2015 from the perspective of the commercial litigator in England and Wales

As we move into a new year, this article examines some of the significant legal decisions during 2015.

Sandi Simons and Melanie Hart consider a recent judgment on commercial agency

A decision by the High Court in November 2015 has provided welcome clarification for businesses that use commercial agents to buy or sell their goods as to the ‘compensation’ which their agents are entitled to after termination of the agency contract.

Chris Syder outlines the requirements of slavery and human trafficking statements

The Modern Slavery Act 2015 (the Act) requires both UK and foreign companies and other commercial organisations (including partnerships and LLPs) that carry out any business in the UK and have a global annual turnover of £36m or more to prepare and publish a slavery and human trafficking statement (statement) for each financial year. Around 12,000 large UK companies will be caught by this financial threshold. Businesses with a year-end of 31 March 2016 will be the first required to publish a statement under this new transparency provision. Consequently these businesses should start seriously considering the requirements for a statement.

Mark Lewis and Clare Arthurs report on the proposed changes to costs management

The Civil Procedure Rules Committee (CPRC) has been busy. Among other things, it has proposed amending the costs management provisions in Civil Procedure Rules (CPR) 3.12 and 13, Precedent H, and substantially adding to the Precedent H guidance notes in Practice Direction (PD) 3E. Let’s get the caveats out of the way first: there is no set date for these proposed amendments to come into force, although it is possible that they will form part of the 83rd Update to the CPR in April 2016.