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Sandra Paul presents a legal guide through the headline trial of the year ‘Helen Titchener was charged with grievous bodily harm with intent and attempted murder. The storyline dragged The Archers, kicking and screaming, out of the cosy portrayal of rural little Britain into the limelight of current issues.’Only those of the most Luddite disposition …
Continue reading "Trial: Ambridge awareness"
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Khawar Qureshi QC reports on the success of the UK Bribery Act 2010 five years on ‘A very significant provision is contained in s7 which criminalises the failure of commercial organisations to prevent bribery – but provides a defence if the organisation can prove it had “adequate procedures designed to prevent persons associated” with it …
Continue reading "Bribery Act: Airbusted?"
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Alex Fox and James Harrison ponder the practicalities of privilege post Panama Papers ‘The courts have adopted a somewhat artificial but common-sense approach in favour of maintaining privilege. This recognises that victims of cybercrime or intentional disclosure are placed at a disadvantage through no fault of their own.’We are all familiar with the concept of …
Continue reading "Insights By Penningtons Manches: Keep it under your hat"
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David Sawtell reviews the potential pitfalls and benefits of settlement agreements ‘The House of Lords accepted that a party may, in a compromise agreement supported by valuable consideration, agree to release claims or rights of which they are unaware and of which they could not be aware, if appropriate language is used to make plain …
Continue reading "Settlement: An air of finality"
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Rory Brown examines the principles governing freezing injunctions ‘The lesson for practitioners seeking freezing injunctions (FIs) is to pay special care to target selection, both in terms of respondents and the property which is the proposed subject matter of the order.’ There are seven principles that govern, or should govern, the jurisdiction of the court …
Continue reading "Injunctions: Cold comfort"
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Judith Hopper highlights recent case law on contractual variation ‘A party seeking to rely on a variation will find it much easier to prove that the variation took place if it has taken the practical step of recording that variation in writing.’It is generally considered good practice to include in a contract a clause which …
Continue reading "Contract: I heard it on the grapevine"
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Tom Henderson reports on a recent Supreme Court decision reformulating the test for when a claim will fail due to illegality ‘The Supreme Court found that, under this new approach, a claimant will not ordinarily be debarred from enforcing a claim for unjust enrichment simply because the money they seek to recover was paid for …
Continue reading "Practice: The long arm of the law"
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Omar Qureshi and Kushal Gandhi consider the use of covert recordings ‘The court has discretion to exclude evidence in order to achieve the overriding objective of ensuring cases are dealt with justly and at proportionate cost.’In the recent case of Singh v Singh [2016] the High Court decided that covert recordings of conversations between business …
Continue reading "Evidence: Careless whispers"
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Andrew Beck and Gwendoline Davies provide an update on pre-action costs ‘Issuing merely protective proceedings that, in all likelihood, will never be pursued, or issuing tactically to put pressure on a defendant to settle what might not necessarily be a very strong claim, could give rise to liability to pay the defendant’s pre-action costs.’A recent …
Continue reading "Costs: Ours not to count the cost"
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Andrew Stephenson analyses the prospects of legislation to protect the right of privacy ‘Successive governments have declined to put forward legislative proposals, preferring to leave it to the courts to grasp the nettle and to face the ire of the press.’ Article 8 of the European Convention on Human Rights provides that ‘everyone has the …
Continue reading "Media: Private lives"
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