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In the first of two articles, Ian McDonald and Daniel Cook examine the possible expansion of malicious prosecution ‘Other torts, such as defamation and malicious falsehood, already protect interests of personality, and if the protection they afford proved to be inadequate, a better solution may be to extend their scope rather than to extend the …
Continue reading "Litigation: A town called…"
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Elaina Bailes assesses recent case law on abuse of process ‘It is a difficult message to give to a client that where it is not in the client’s best interest to add parties or claims into the current proceedings, the matter will nevertheless have to be referred to the court if they wish to avoid …
Continue reading "Practice: Abusing the system"
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Richard Marshall and Clare Arthurs share some concerns over the proposed extension of the fixed-costs regime ‘We should avoid careering from what may in some cases be disproportionately high costs recovery straight to disproportionately low costs recovery.’ He’s tenacious, Jackson LJ, you have to give him that. In 2009 he suggested fixed recoverable costs across …
Continue reading "Insights By Penningtons Manches: Access denied?"
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Anna Pertoldi reports on two recent cases concerning the enforcement of foreign judgments ‘The rules governing enforcement of a foreign judgment in England differ depending on where the judgment is from. None of the regimes permit a review of the foreign judgment based on an argument that the original court got it wrong, whether on …
Continue reading "Enforcement: Distant judgments"
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Ron Cheriyan reviews the approach of the courts to relief from sanctions over the last year The Jackson reforms, which came into force in April 2013, heralded a sea change in the conduct of litigation in England and Wales. The reforms were introduced in an attempt to overhaul the court’s then existing approach to case …
Continue reading "Practice: Blessed relief"
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Michael Roberts and Alex Hohl assess the past performance and future prospects of the SFO ‘For some time the Serious Fraud Office (SFO’s) continued existence has appeared to be under threat. The Home Secretary, Theresa May, has actively pursued ways in which to gain control over the SFO.’David Green QC’s reappointment as director of the …
Continue reading "Bribery Act: It’s not easy being Green"
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Noel McMichael and Nicole Finlayson consider a recent Supreme Court ruling ‘The “proper purpose” rule is commonly applied to prevent the use of directors’ powers for the purpose of influencing the outcome of a general meeting.’ In December 2015, the Supreme Court handed down a significant judgment on the nature and effect of the ‘proper …
Continue reading "Shareholder Disputes: Improper intentions"
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Jamie Curle and Camilla Macpherson provide some pointers on drafting jurisdiction clauses from recent case law ‘The English courts will seek to give effect to the parties’ agreement on jurisdiction in the absence of strong reasons for departing from that agreement.’ As deals become ever more complex and global, the courts are increasingly being asked …
Continue reading "Jurisdiction: Games without frontiers"
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As lawyers and bondholders wait to see if there has been a settlement between Argentina and holders of its defaulted bonds, Mary Gibbons examines the most recent proceedings ‘Like the Foreign Sovereign Immunities Act 1976, the UK’s State Immunity Act 1978 provides defined immunity from execution of a foreign central bank’s accounts, but the formula …
Continue reading "Banking: Strong bonds"
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Ivan Shiu and Giles Hutt analyse the application of EU jurisdiction rules and the judgment in Goldman Sachs International v Novo Banco SA ‘The case does show how much mileage there might be for a defendant in questioning the scope of the Recast Brussels Regulation, even in a commercial dispute, where there is or appears …
Continue reading "EU Regulation: The case of the disappearing debt"
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