January/February 2011 #35 – Law Journals

Drafting: Unintended consequences

Tim Hardy investigates practical considerations in the light of the decision in Oceanbulk ‘It is trite law that statements made in the course of genuine settlementegotiations are subject to without prejudice privilege, and evidence of those statements is only admissible in limited circumstances.’The Supreme Court, in Oceanbulk Shipping & Trading SA v TMT Asia Ltd …

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Injunctions: Liverpool FC: own goal?

Andrew Waters highlights the lessons to be learned from RBS v Hicks & Gillett ‘Where an interim injunction is to be mandatory in effect, more stringent conditions are applied by the court because the risk of harm to the innocent party, should the injunction be wrongly granted, is considered to be greater than if the …

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Privilege: Lawyers only

Julian Copeman and Heather Gething review the impact of the Prudential judgment ‘The disclosure of documents in English litigation is an important tool that allows the court to do justice between the parties with “all the cards on the table”. It therefore serves the general public policy that cases should be decided by reference to …

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International Arbitration: Game, set and match

Ben Holland and Guy Pendell look at the judgment in Dallah and the tough line taken on the enforcement of New York Convention awards in England ‘Dallah appealed that the tribunal’s decision ought only be subject to a limited enquiry by the English courts in accordance with the general pro-enforcement policy behind the New York …

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Disclaimers: Best laid plans

Dipti Hunter and Alexander Oldershaw examine the viability of the sophisticated investor defence ‘The ability to invest in standard financial products is, on the whole, restricted so that there is always going to be a prima facie presumption of some level of sophistication that many investors will find it hard to usurp.’The Court of Appeal …

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Evidence: All the cards on the table

Mike Wells and Donald McDonald consider recent cases on evidence and privilege ‘Documents that appear pertinent at first sight may, in fact, be irrelevant as a matter of law and so rendered inadmissible. A familiar example of irrelevance as a matter of law is the inadmissibility of evidence as to the parties’ subjective intentions for …

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Debt: Call it quits

Jonathan Arr explores recent decisions in the area of set-off ‘Certain types of set-off (including equitable set-off) can be usedot only as a defence to a claim, but also, even where litigation isot in view, to reduce or eliminate monies owed to another party.’In his classic treatise on set-off, Rory Derhamotes that this area of …

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