May/June 2012 #43 – Law Journals

Directors: Doing your duty

Alexander Fox and Clare Arthurs look at the implications of GHLM Trading v Maroo ‘Newey J held that much as a trustee must show what he has done with trust property, “it is incumbent on a director to explain what has become of company property in his hands”.’ Corporate governance and directors’ duties are hot …

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Discovery: Paper chase

Nicola Bridge, Joel Seager and Guy Francis discuss the pitfalls and solutions surrounding document retention ‘Case law provides a number of cautionary tales for lawyers who fail to properly advise their clients about their obligations in the disclosure process.’ Creating an effective document retention policy can be an expensive and time-consuming exercise for firms, especially …

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Confidentiality: Shadow boxing

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Martin Meredith assesses the impact of AMP v Persons Unknown ‘This was not a freedom of the press case, but concerned the rights of unknown persons to receive and impart information over which AMP had a right to privacy.’ The case of AMP v Persons Unknown [2011], heard before the Hon Mr Justice Ramsay, may …

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Services: Staying in touch

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Andrew Emery considers the vexed question of service outside the UK ‘It is clear that if litigation is commenced in the face of a foreign jurisdiction clause, a party who wants to litigate in England (in breach of the clause) will have to demonstrate that there is a strong cause for keeping the proceedings in …

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Privilege: Noah and the Flood

Phil Sherrell, Luke Arbuthnot and Astrid O’Reilly review the Supreme Court decision in Flood v Times Newspapers ‘To require journalists to become judge and jury before they can even report the mere details and fact of an investigation would be to redefine the journalist’s role and risk undermining the criminal justice system.’ The Times has …

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Contract: Light work

Anthony Greenwood and Leanna Mailer report on the recent decision in Kingspan v Borealis ‘It is fair to say that the judge was not impressed by Kingspan’s “scattergun” approach. He observed that “the claim for misrepresentation as pleaded appears to cover practically everything said by Borealis to the claimants about Borecene over an extended period”.’The …

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Procedure: Out of court

Greg Standing and Ian Weatherall argue that civil restraint orders are a valuable weapon in the litigators armoury ‘If strike-outs of a vexatious or habitual LIP’s claims, coupled with costs sanctions against it, have failed to deter the LIP from issuing further claims, consideration should be given to applying for a Civil Restraint Order.’ According …

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Costs: The cost of everything

Nick Rowles-Davies examines the views of the Institute for Legal Reform’s views on the English and Welsh third-party funding market ‘In recent months, the ILR has focused on the English funding world and attempted to derail the Code of Conduct put forward as the necessary framework for self-regulation of litigation funders.’ Now that the Liberal …

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