January/February 2015 #59 – Law Journals

Bribery Act: Inadequate procedure

James Henson reports on the first conviction under the Bribery Act ‘The outcome of the Sustainable Growth Group prosecution is a timely and sober reminder to business organisations at the beginning of a new year to re-appraise, and where necessary update, the adequacy of their anti-bribery and corruption procedures.’While much of the country was embarking …

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Judicial Review: Injudicious review

Claire Kennedy and Emily Carter look behind the government proposals for reform of judicial review ‘Despite the deep concerns expressed by those who responded to the government’s consultations and the strong opposition of the House of Lords to key proposals, the gateway to access the courts has now become narrower.’ Judicial review is the essential …

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Privilege: Negotiation with prejudice

Clare Toomer considers the decision in Avonwick v Webinvest [2014] ‘Parties should be aware that while the express marking of documents as without prejudice remains a highly material factor in determining their status, it is not conclusive.’ It is often thought that heading a letter ‘without prejudice’ will protect it from being disclosed later in …

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Arbitration: Sweet settlement

Nigel Brook and Michelle Radom examine the impact of the new Reg 1215/2012 ‘Any court proceedings brought in order to support an arbitration… fall outside the scope of [Reg 1215/2012], and hence a court which is not first seised can decide these matters, despite the risk of parallel judgments.’ In a recent case, Toyota Tsusho …

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Practice: A slip of the mouse

Doug Wass and Jonathan Pratt provide a warning on unintended settlements ‘In the judge’s words, “settlement was being driven by time related issues” and this was a central plank in his conclusion.’In the recent case of Bieber v Teathers Ltd (in liquidation) [2014], Judge Pelling QC (sitting as a judge of the High Court) held …

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Case Management: Regal reticence

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Ryan Dolby-Stevens discusses the impact of Abdulaziz v Apex [2014] ‘The Court of Appeal held that it “should not lightly interfere” with case management directions and underlined the importance of the fact that all parties to English litigation should be treated equally.’On 26 November 2014, the Supreme Court handed down a decision (Prince Abdulaziz v …

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ADR: Run aground – is this the end of the road for West Tankers?

Julianne Hughes-Jennett and Sarah Baddeley analyse Advocate General Wathelet’s opinion in Gazprom ‘The arbitral tribunal is not subject to the Brussels I Regulation and is not bound by the principle of mutual trust applicable between the courts of the member states.’The relationship between arbitration and litigation has, for a number of years, caused both the …

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Intellectual Property: A little less implication, a little more audit

Mark Lewis provides a timely reminder to make sure your audit clause is fit for purpose ‘[In 118], the question was what rights did 118 have under the agreement to ascertain whether IDS was complying with the terms.’ Audit clauses are an important tool in IP agreements, intended to allow a licensor to check that …

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Consumer Credit: PPI pitfall

Davina Bentley and Helen Mulcahy investigate a recent Supreme Court ruling on unfairness under the Consumer Credit Act ‘The decision [in Plevin] has displaced Harrison as the leading authority and loosened the constraints on what might be regarded as being an unfair transaction in favour of consumers of financial services.’The Supreme Court recently provided welcome …

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