July/August 2014 #56 – Law Journals

Jurisdiction: When you’re tired of London…

Andrew Hearn assesses the process and pitfalls for international litigants in the Commercial Court ‘If potentially complex jurisdictional battles are to be avoided, try wherever possible to contract for a suitable choice of law and for the courts which will determine any disputes.’ The international caseload of the English Commercial Court is enormous. A survey …

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Contract: Show me the molar

Gregg Rowan and Daniel Woods consider a recent case on repudiatory breach ‘Commercial parties may wish to seek an express right to terminate where there is a delay in performance of particular obligations. Where there is no express right, parties should always consider carefully before seeking to terminate on grounds of delay.’In a recent decision, …

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Procedure: Appealing news

Julia Staines reports on a significant judgment in the Court of Appeal ‘In the three cases which were the subject of the appeal, the Court of Appeal believed that two of them (Decadent and Utilise) evidenced an “unduly draconian approach” and one of them (Denton) “an unduly relaxed approach”.’ Hot on the heels of the …

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Banking: Last stand at the OK Corral?

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Mary Gibbons examines troubled times for Argentina and bond holders ‘In the longer term, the jurisdictional decision in Abaclat may prompt other holders of defaulted sovereign debt and their legal advisors to consider investment treaty arbitration as a means of recourse against issuers of international debt.’ The last stand at the OK Corral, which took …

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Practice: End of the line

Neil Jamieson reviews the new ‘buffer rule’ and recent Court of Appeal decisions: the end of post-Mitchell ‘zero tolerance’? ‘The old lax culture of non-compliance with rules, practice directions and orders is no longer tolerated, and compliance has to be considered in every case.’ In just a few months, we have come a very long …

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Misrepresentation: Banking on bankers

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Sascha Hindmarch outlines the pursuit of Libor-related claims ‘Graiseley’s importance lies in the window it provides claimants to pursue financial institutions for Libor-related infringements by pleading implied representations as a head.’ The Court of Appeal’s decision at the end of last year in Graiseley Properties Ltd v Barclays Bank plc [2013] (appeal decision) confirmed that …

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