November/December 2013 #52 – Law Journals

Summary Judgment: Hot cross bun(ny)

David Sawtell focuses on a recent application for summary judgment ‘From the true measure of the affection of the parties, the status of the Egham property, to the involvement of Mr Baxendale-Walker in the various legal entities referred to in the case, there were a number of different points that could have some material bearing …

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Negligence: Don’t bank on it: borrowers, lenders and the duty of care

Alex Fox and Clare Arthurs report on a recent decision clarifying the duties of banks ‘Where a bank undertakes a regulated activity in circumstances where failure to comply with a statutorily imposed regulation is likely to cause damage to the counterparty, robbing it of its informed choice, a duty of care arises at common law …

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Practice: Helping the enemy – are you ever required to point out a claimant’s mistake?

Miranda Whiteley looks at recent developments on mistaken parties ‘Although there is no general duty owed by one party to litigation to correct the mistakes of the other, there are circumstances in which deliberately allowing the other party to continue in a mistaken belief about the correct defendant to sue or the effectiveness of an …

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Disclosure: French frankness

Edward Coulson and Rachel Ziegler consider the recent Court of Appeal judgment preventing French parties in English litigation relying on the French blocking statute to avoid disclosure ‘Despite the fact that the orders made might expose parties to a risk of prosecution in France, the English court was still entitled to make them, although it …

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Contract: Hands off!

Ian Tucker and Charles Crowne discuss a recent ruling on retention of title ‘Unfortunately, the law around retention of title clauses is rather unclear. If goods are on-sold before title passes to the initial buyer, then it may not be possible for the original seller to claim the price.’ Retention of title clauses are widely …

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Procedure: Skeletons in the cupboard

Adam Forster examines a case with many lessons for practitioners ‘Omissions from the pleadings can have serious consequences, and the court will (or, at least, should) confine its consideration to the pleaded cases.’ The Court of Appeal has recently handed down judgment in the case of Credit Suisse AG v Arabian Aircraft & Equipment Leasing …

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Part 36: Last chance saloon

Maura McIntosh reviews on a recent decision dealing with costs sanctions and Part 36 ‘The present decision suggests that the court may be less likely to order the new sanction where a claimant’s Part 36 offer is made very late in the day.’In the first case we have seen addressing the new costs sanction introduced by the …

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Privilege: Litigation privilege – the dominance matrix

Clare Arthurs and Phillip D’Costa find out about recent developments in privilege ‘Tchenguiz provides some useful guidance as to how litigation privilege will be applied by the courts.’ Legal professional privilege attracts its fair share of judicial and public attention. Broadly speaking, it protects confidential communications between a lawyer and client from disclosure, in order …

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