January/February 2014 #53 – Law Journals

Reform: Action on collective actions?

Kate Corby and Richard Molesworth assess UK compliance with the EU recommendation on collective action ‘Although agreeing that collective redress can have some benefits in certain areas, the UK government has taken the position that the recommendation has gone too far in calling for member states to have systems providing for collective redress for such …

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Confidentiality: Vows of silence

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Victor Cardona and James Villanueva review recent US treatment of NDAs ‘An NDA can potentially provide the disclosing party with the assurance that a confidential relationship has been created and that discussions with receiving parties will not be made public without the disclosing party’s permission.’ When one company considers entering into a business relationship with …

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Limitation: Stop the clock?

Sarah Carmichael discusses limitation and adjudication ‘Limitation is not ordinarily a concern at the outset of adjudication but the limitation bar might descend to block later referral of the underlying dispute to a court or arbitrator for final determination.’The Housing Grants, Construction and Regeneration Act 1996 (the Act) introduced adjudication as an expedient method to …

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ADR: Blessed are the peacemakers

Peter Taylor and Anna Robinson urge a fresh look at mediation ‘You should never ignore an invitation to ADR. If the timing or format of the ADR is an issue then it would be prudent to explain the reasons and suggest an alternative approach to ADR in the context of the dispute.’ Mediation is one …

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Evidence: Cutting it short

Maura McIntosh highlights a recent case limiting witness evidence ‘The power to prohibit the calling of witnesses is relatively extreme and therefore will ordinarily be considered after less intrusive measures have been considered and rejected.’In what appears to be the first High Court decision applying the court’s new express powers to limit factual witness evidence, …

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Data Protection: Ask no questions, tell no lies

Cynthia O’Donoghue considers recent developments in data protection ‘Each of these decisions, opinions and guides all inform and should be used as a basis for interpreting the evolving definition of “personal data” rather than considered in isolation.’ What is ‘personal data’ is a conundrum often grappled with and for which there is little guidance except …

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Directors’ duties: Beggering belief

Maxine Cupitt, Simon Garrett and Barney Hearnden examine the lessons to be learned from Madoff ‘In Madoff Securities International Ltd (In Liquidation) v Raven [2013] the judge looked through the now legendary frauds of Madoff to arrive at a practical evaluation of the directors’ obligations given all the circumstances.’ In the recent decision of Madoff …

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Practice: Shine a light?

Rustam Dubash and Clare Arthurs report on recent developments in relief from sanctions ‘The courts will no longer indulge parties if they fail to comply with their procedural obligations. Instead, the more robust approach to compliance and relief from sanctions is intended to ensure that justice can be done in the majority of cases’. Clarity …

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