March/April 2013 #48 – Law Journals

Practice: Biting the hand that fed you

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Martin Meredith reviews the implications of recent case law on in-house lawyers In-house lawyers are like no other employee – by reason of their role, they hold a position of trust, influence and confidence, acting solely in the interests of their employer/client. The Court of Appeal’s decision in Generics (UK) Ltd v Yeda Research & …

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Privilege: A privileged upbringing

Joanna Ludlam and Fiona Lockhart examine the likely impact of the Prudential judgment The provision of legal advice is not the sole preserve of lawyers and in these challenging commercial times clients do not want to have to pay for ‘legal filters’ (having their lawyers instruct third parties whom they could instruct themselves).In a much …

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Damages: Park life

David Sawtell looks at the calculation of Wrotham Park damages It is reasonable for the court to look at the eventual outcome and to consider whether or not that is a useful guide to what the parties would have thought at the time of their hypothetical bargain where there has been nothing like an actual …

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Negligence: Flight testing

David Robinson discusses a recent case on the ambit of a solicitor’s duties NIAL relied upon the fact that the limit of indemnity of Eversheds’ professional indemnity insurance greatly exceeded £3m and also that Eversheds had failed to explain the effect of either clause to NIAL before the retainer was signed. In Newcastle International Airport …

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Disclosure: Rolling the dice – the April 2013 eDisclosure conundrum

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Garry Bernstein assesses the consequences of the Jackson reforms on eDisclosure The rule changes and the general judicial and political desire to reduce the cost of litigation are likely to be catalysts for the further rapid adoption of these and other eDisclosure technologies and methodologies.’ The eDisclosure process is set for a radical shake-up this …

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Costs: Measure for measure

Jeremy Glover reports on Henry v Mirror Group Newspapers If one party is unaware that the other party’s budget has been significantly exceeded, they are no longer on an equal footing, and the purpose of the cost management scheme is lost. With the reforms to the way costs in civil litigation are managed being introduced …

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Company: Dance of the corporate veil

Clare Arthurs and Alex Fox reflect on the Supreme Court judgment in Nutritek The Supreme Court clearly declined to extend the circumstances in which the corporate veil may be pierced. The corporate veil has been in the limelight of late. The Court of Appeal in VTB Capital v Nutritek International Corp [2012] kept it drawn …

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