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Giles Hutt and Whiston Bristow report on the shorter trials and flexible trials pilot schemes If there is one aspect of English court procedure that litigants would most like to change, it is probably disclosure. Not only is disclosure often time-consuming and expensive, it can also be immensely disruptive of a company’s operations, without always …
Continue reading "Disclosure: On a roll"
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Clare Arthurs and Sebastian Kokelaar examine the role of commercial common sense in the interpretation of contracts after Arnold v Britton ‘Arnold does not represent a radical departure from what was said in Rainy Sky about commercial common sense. Both decisions underline the primacy of the words used by the parties.’ In the case of …
Continue reading "Contract: No Rainy Sky over the Gower Peninsula"
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Martin Meredith considers the conduct of investigatory interviews ‘The SFO case reinforces the Law Society’s/SRA’s guidance that regulators are able to restrict who can and cannot attend a witness’s interview to support a witness being interviewed under the regulator’s compulsory powers.’ A decade ago there was debate over, and submissions made about, the propriety and …
Continue reading "Regulatory Powers: Flying solo"
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Garbhan Shanks and Harriet Stokes highlight the use of a rare form of injunctive relief ‘Where a party is aware that proceedings against it have been brought in breach of a jurisdiction or arbitration agreement, the first port of call should rightly be to apply for an anti-suit injunction.’In cross-border litigation and arbitration it is …
Continue reading "Injunctions: You snooze, you lose – anti-enforcement injunctions in the English courts"
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David Sawtell investigates recent case law on repudiatory breach ‘It is unclear to what extent the “good faith” principle has altered the test restated in The Aquafaith. This is, of course, very unhelpful to wronged parties who need to work out (a) if the other side is in repudiatory breach and (b) if they are, …
Continue reading "Repudiatory Breach: Wrapped up in cotton?"
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Rustam Dubash and Clare Arthurs evaluate the new bill of costs and time recording codes ‘Fee-earners will need to think carefully about how they record their time – to which phase(s) and activities and in how much detail – but this is, in reality, nothing new.’ Opinion appears divided about the proposed new form bill …
Continue reading "Insights By Penningtons Manches: Time recording – all change?"
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Clare Arthurs and Julie Bond provide a timely reminder of the rules relating to litigants in person ‘We can help the court by being realistic: suggesting or agreeing simple measures such as extra directions hearings, by telephone where practical, and asking for the case to be reserved to one judge.’Swingeing cuts to legal aid; vastly …
Continue reading "Insights By Penningtons Manches: LiP service? Dealing with litigants in person"
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Matthew Collingwood-Cooper examines a recent judgment of note for parties to adjudication ‘Often, after an adjudication neither party will be fully satisfied but generally will tacitly accept the result – as long as the other is willing to do so. However, expecting the parties to formally agree this may be wishful thinking.’On 17 June 2015 …
Continue reading "Limitation: Let sleeping dogs lie"
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Julianne Hughes-Jennett and Sarah Baddeley look at the implications of Gazprom ‘The Advocate General considered that if West Tankers had been decided under the Brussels I Regulation (recast), the anti-suit injunction would not have been held to be incompatible with that Regulation.’The Court of Justice of the European Union (CJEU) has handed down its judgment …
Continue reading "Anti-Suit Injunctions: Muddying the water"
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Jonathan Elvey and Despina Plomaritu consider the recent decision in Braganza ‘In private contracts, as in public matters, both limbs of Wednesbury should be looked at in assessing the reasonableness of a decision. And on that basis (said the three majority judges), BP had acted unreasonably.’ Contracts often give you free rein to take a …
Continue reading "Contract: Beyond reason"
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