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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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Davina Given and Ed Holmes report on recent developments in the Court of Appeal ‘Based on detailed analysis of both the terms of business agreement (ToBA) and the framework agreement, the Court of Appeal held that AmTrust had shown… that the arbitration clause in the framework agreement did not extend to matters subject to the …
Continue reading "Jurisdiction: Trust in Fiona Trust?"
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Sarah Breckenridge analyses the current state of costs management ‘Costs management aims to control and therefore reduce the costs of litigation. But the act of producing, negotiating and allowing judicial scrutiny of budgets can itself be an expensive and time-consuming process.’In May 2015 at the annual Harbour Lecture, Jackson LJ ‘confronted’ costs management with a …
Continue reading "Costs: Free time"
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In the first of a regular comment column, Clare Arthurs and Richard Marshall consider recent developments ‘It is evident from the new practice direction that the courts will survey our pre-action efforts with a critical eye.’ We have a new pre-action practice direction! The catchily titled ‘Practice Direction Pre-Action Conduct and Protocols’ (the PD) came …
Continue reading "Insights By Penningtons Manches: Window dressing? The new pre-action practice direction"
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David Sawtell analyses recent caselaw on Part 36 ‘There is a tension between the natural inclination to make a proportionate costs order where a party has lost on discrete issues and the prescriptive nature of Part 36.’Practitioners frequently debate tactics and strategy when negotiating the litigation and settlement of claims. One of the most important …
Continue reading "Part 36: Humble offerings"
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Harriet Campbell and Aisling Duffy report on a key judgment under the Data Protection Act ‘The question for any eventual trial is whether or not browser-generated information (BGI) can constitute personal data either on its own or when it is (or could be) linked to other information in an organisation’s possession.’The Court of Appeal recently …
Continue reading "Data Protection: Google v Vidal-Hall: how the cookie crumbled in the Court of Appeal…"
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Rebecca Andrews-Walker and Alex Fox investigate the strained relationship between insolvency and pension assets ‘The Raithatha decision may be argued to discriminate against a different class of bankrupts – those members of society who have reached pensionable age.’ In a challenging economy, bankruptcy increasingly stands accused of constituting a mechanism for debtors to escape their …
Continue reading "Insolvency: At the end of the rainbow"
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Paul Chaplin examines an unintended agreement ‘Whether a concluded agreement has been reached is to be determined objectively by considering the whole course of the parties’ negotiations, including an objective appraisal of the parties’ words and conduct.’In the recent case of Bieber v Teathers Ltd (in liquidation) [2014], the court considered whether an exchange of …
Continue reading "Practice: Careless talk"
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David Capps outlines an ECJ decision looking at the priority of jurisdictional grounds as between contract and tort under the Brussels Regulation ‘Civil liability claims made in tort under national law must be considered as falling within the contractual basis for jurisdiction under Art 5(1)(a).’In the case of Marc Brogsitter v Fabrication de Montres Normandes …
Continue reading "Jurisdiction: Multi-tasking"
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