This category can only be viewed by members.
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 …
Continue reading "Contract: What’s the point?"
This post is only available to members.
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 …
Continue reading "Injunctive Relief: Take no notice"
This post is only available to members.
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 …
Continue reading "Jurisdiction: Torpedo tactics"
This post is only available to members.
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 …
Continue reading "Data Protection: Change the subject"
This post is only available to members.
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 …
Continue reading "Insights By Penningtons Manches: The elected few"
This post is only available to members.
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 …
Continue reading "Negligence: Claims, claims and more claims"
This post is only available to members.
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], …
Continue reading "Nuisance: Neighbourhood watch"
This post is only available to members.
Clare Arthurs and Nicole Finlayson review recent decisions ‘As ever then, the moral of the story is – to avoid doubt, spell/write/type it out.’ Life as a commercial litigator is (large disclosure exercises aside) usually varied and stimulating. No two cases are ever the same, and you never know what is going to cross your …
Continue reading "Insights By Penningtons Manches: A bundle of fun, and other stories…"
This post is only available to members.
Brioney Thomas and Grace Dawson Stephens weigh up a recent decision on penalties ‘The case is authority that a price reduction, recorded separately but contemporaneously with a main agreement, should be considered a primary obligation of the overall deal.’ Practitioners should take note of the recent application of the law on penalties in Vivienne Westwood …
Continue reading "Drafting: The letter of the law"
This post is only available to members.
Gwendoline Davies guides the way through the obligations of data protection and disclosure ‘Whenever a data controller wishes to rely on the disproportionality or the privilege exemption, it should be prepared to justify that decision, with evidence in support.’ The extent of a data controller’s obligations to respond to data subject access requests (DSARs), and …
Continue reading "Disclosure: Blind data"
This post is only available to members.
