May/June 2018 #79 – Law Journals

Limitation: Fair shares

Elizabeth Wiggin and Chris Ross analyse a Supreme Court decision on limitation periods for breach of trust ‘The court’s analysis of the limitation period with respect to such claims is useful in clarifying the application of s21(1)(b) of the Limitation Act and its associated interplay with s21(3).’ In the case of Burnden Holdings (UK) Ltd …

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Injunctions: Breaking the ice

Gareth Keillor and Rosanna Pinker explore a recent judgment on undertakings with regard to freezing orders ‘The most important factor was that the foreign orders were obtained pursuant to independent rights under Swiss and Lithuanian law, in support of the Lithuanian proceedings, and not for the purpose of enforcing the freezing order or in support …

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Privilege: What divides us

In the first of a three-part consideration of the need for reform of privilege, Richard Farnhill outlines the background to privilege and attribution ‘Where an agent has become aware of facts or information in the course and as a consequence of his or her duties and communicates them to the legal adviser with a view …

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Arbitration: A Brexit bonus?

Raid Abu-Manneh, Ali Auda and Jonathan Clarke discuss a hot topic at the Paris Arbitration Week ‘The Achmea decision has created an uncomfortable situation where the validity of intra-EU BITs is questionable at best and thus the investor protections provided for by those BITs is uncertain.’ This year’s Paris Arbitration Week took place between 9 …

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Vicarious liability: Unexpected items

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Kate Raybould reviews data protection and employer liability for employees’ actions ‘Despite the acts leading to the data disclosure taking place over a period of several months and only partly at his place of work, the judge found that there was an unbroken chain of events linking Skelton’s employment and his actions.’ In the space …

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Contract: It’s all in the timing

Rob Aberdein looks at the judicial implication of contract terms ‘Parties and their lawyers should consider very carefully what exactly will trigger overage payments or other obligations and whether there is any scope at all for either party avoiding its commitments.’ Recent cases both north and south of the border have highlighted some of the …

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Costs: The will to win

Sapna Garg reports on recent judicial views of success fees ‘The High Court roundly rejected HH Law’s arguments that in the post-LASPO regime, it was acceptable for the firm to adopt a business model where the maximum success fee is charged irrespective of the level of risk arising in the particular case.’ The dangers of …

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Insights by Penningtons Manches: Over the finish line?

Clare Arthurs and Nicole Finlayson consider Wrotham Park damages and how the range of circumstances in which they can be claimed has narrowed ‘The Supreme Court’s landmark decision in Morris-Garner offers authority, at the highest level, on a sometimes confusing line of cases, and a conceptually tricky area of law.’ In the week that the …

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