May/June 2017 #73 – Law Journals

Negligence: Claims, claims and more claims

Andrew Beck, Andrew Bennett and Gwendoline Davies assess the AIG Europe case and its implications for all those bringing, facing or insuring multiple claims against solicitors ‘The Supreme Court concluded that determining whether matters are related is an acutely fact-sensitive exercise, which requires an application of judgement, and that to try to impose an any …

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Nuisance: Neighbourhood watch

David Schmitz considers how to approach nuisance cases where the character of an area has changed ‘It must be remembered that the principal question, nuisance or no nuisance, will not be determined solely by whether the activity in question is in keeping with the character of the locality or not.’ In Coventry v Lawrence [2014], …

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Contract: What’s the point?

Michael Davar analyses the recent case of Astor and the principle of futility in contractual construction ‘The courts have moved to applying a strict literal approach to the interpretation of commercial contracts.’ In his judgment in Astor Management AG v Atalaya Mining plc [2017], Leggatt J stated that: There is, in my opinion, no principle …

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Injunctive Relief: Take no notice

Richard Walford looks at the future of notification orders ‘The terms of the notification order were in reality a variant of those of a conventional freezing order, and therefore the same threshold requirements applied.’The dealings between Mr Mark Holyoake and the Candy brothers have caused a welter of accusation and counter-accusation: as might be expected …

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Jurisdiction: Torpedo tactics

Andrew Hutcheon and Sam Prentki investigate the impact of Brexit and recent case law on the ‘Italian Torpedo’ ‘If the UK is left relying on its own ratification of the Hague Convention once it leaves the EU, it may be arguable that asymmetric jurisdiction clauses would not be construed as exclusive jurisdiction agreements, and so …

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Data Protection: Change the subject

In the first of a two-part article, Faranak Ghajavand provides a litigator’s guide to the benefits of subject access requests ‘Making a valid subject access request (SAR) is straightforward and inexpensive. There is no prescribed format provided it is in writing – indeed the Code of Practice specifies that data controllers may not insist on …

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Insights By Penningtons Manches: The elected few

Clare Arthurs and Nicole Finlayson present a few recent legal highlights ‘If you have a potential further claim, you must consider the Aldi guidelines in the case management context of your current action. Failure to do so may result in your subsequent action being struck out.’ Whisper it, but – for the first time ever …

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