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Susan Rosser and Jonny Cohen consider a recent case of accidental disclosure ‘When a document is disclosed which is, on its face, privileged, it falls to the inspecting party to determine whether the document has been disclosed in error or whether privilege has been deliberately waived.’ In the recent case of Atlantisrealm Ltd v Intelligent …
Continue reading "Privilege: Accidents will happen"
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Russell Hill and Oliver Ward-Jones discuss the liability of office holders for costs in CFA cases ‘While there was no contractual justification for going outside the terms of the conditional fee agreement (CFA) and making it subject to any contrary terms, there was ample evidence of a shared common understanding that was acted upon by …
Continue reading "Indemnities: Expensive conventions"
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Gareth Keillor and Tom Brown review the test for establishing the existence of assets for freezing injunctions ‘The court does not wish to act for no reason, so will not grant an order if there are no assets upon which the injunction could bite.’ In the recent case of Ras Al Khaimah Investment Authority v …
Continue reading "Injunctions: Glacial globe trotting"
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Nicole Finlayson and Clare Arthurs provide a timely overview of recent case law ‘Although it can be tempting to cover every possible line of argument, practitioners must have an eye firmly on that hot topic, proportionality, or face the consequences, particularly on costs.’ As we write, summer is well and truly here. Maybe the temperature …
Continue reading "Insights By Penningtons Manches: You are my sunshine…"
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Elizabeth Wiggin and Jonathan Wood report on a recent ECJ decision ‘Where a credit institution granted a loan to two jointly and severally liable debtors, the place where the services were provided was the place where that institution has its registered office.’The European Court of Justice recently considered issues of jurisdiction under Art 7(1) of …
Continue reading "Jurisdiction: Wherever I lay my hat"
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Gwendoline Davies, Andrew Northage and Robert Starr assess the impact of a recent ruling on legal professional privilege ‘There are important public policy justifications underpinning privilege, such as the need for clients to be able to candidly disclose matters to their lawyers.’ A recent High Court ruling is the latest in a line of cases …
Continue reading "Privilege: Ever-decreasing circles"
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In part one of a two-part consideration, Tom Snelling and Lauma Skruzmane survey the perilous path of Brexit ‘When asked to recognise and enforce a judgment delivered by a court in the EU27, in the absence of any agreement with the EU, the UK courts will most likely have to resort to the common law …
Continue reading "Brexit: Climb every mountain"
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Francesca Ruddy analyses a recent case examining the relationship between costs budgeting and costs awarded ‘The court underlined the importance for both parties of having certainty at an early stage in litigation as to the likely costs burden, criticising the defendant’s approach for being concerned solely with the paying party and paying “scant, if any, …
Continue reading "Budgets: The cost of everything"
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Chris Webber and Michael Davar weigh up the impact of the Rome Convention in financial derivatives claims ‘The English Court of Appeal has restored the vital certainty engendered by derivatives having a clear, single choice of law and not potentially being subject to “mandatory” rules of other jurisdictions that have not been anticipated and addressed …
Continue reading "Choice Of Law: A fair exchange"
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Faranak Ghajavand continues her litigator’s guide to subject access requests ‘The Data Protection Act recognises that there are circumstances where data controllers have legitimate reasons for not complying with a subject access request and provides a number of exemptions from the obligation to do so.’ Part 1: ‘Change the subject’, CLJ73 In this second instalment, …
Continue reading "Data Protection: No access"
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