This category can only be viewed by members.
Alex Fox, Chris Hoyer Millar and Clare Arthurs discuss the evolution of offers to settle, Part 44 and changes to Part 36 ‘Coward clearly shows that the courts will approach the question of costs differently according to whether the parties have made a Calderbank offer or a Part 36 offer.’Litigation, we are told, should be …
Continue reading "Part 36: An unsettling time?"
This post is only available to members.
James Henson reports on the first conviction under the Bribery Act ‘The outcome of the Sustainable Growth Group prosecution is a timely and sober reminder to business organisations at the beginning of a new year to re-appraise, and where necessary update, the adequacy of their anti-bribery and corruption procedures.’While much of the country was embarking …
Continue reading "Bribery Act: Inadequate procedure"
This post is only available to members.
Claire Kennedy and Emily Carter look behind the government proposals for reform of judicial review ‘Despite the deep concerns expressed by those who responded to the government’s consultations and the strong opposition of the House of Lords to key proposals, the gateway to access the courts has now become narrower.’ Judicial review is the essential …
Continue reading "Judicial Review: Injudicious review"
This post is only available to members.
Clare Toomer considers the decision in Avonwick v Webinvest [2014] ‘Parties should be aware that while the express marking of documents as without prejudice remains a highly material factor in determining their status, it is not conclusive.’ It is often thought that heading a letter ‘without prejudice’ will protect it from being disclosed later in …
Continue reading "Privilege: Negotiation with prejudice"
This post is only available to members.
Nigel Brook and Michelle Radom examine the impact of the new Reg 1215/2012 ‘Any court proceedings brought in order to support an arbitration… fall outside the scope of [Reg 1215/2012], and hence a court which is not first seised can decide these matters, despite the risk of parallel judgments.’ In a recent case, Toyota Tsusho …
Continue reading "Arbitration: Sweet settlement"
This post is only available to members.
Doug Wass and Jonathan Pratt provide a warning on unintended settlements ‘In the judge’s words, “settlement was being driven by time related issues” and this was a central plank in his conclusion.’In the recent case of Bieber v Teathers Ltd (in liquidation) [2014], Judge Pelling QC (sitting as a judge of the High Court) held …
Continue reading "Practice: A slip of the mouse"
This post is only available to members.
Ryan Dolby-Stevens discusses the impact of Abdulaziz v Apex [2014] ‘The Court of Appeal held that it “should not lightly interfere” with case management directions and underlined the importance of the fact that all parties to English litigation should be treated equally.’On 26 November 2014, the Supreme Court handed down a decision (Prince Abdulaziz v …
Continue reading "Case Management: Regal reticence"
This post is only available to members.
Julianne Hughes-Jennett and Sarah Baddeley analyse Advocate General Wathelet’s opinion in Gazprom ‘The arbitral tribunal is not subject to the Brussels I Regulation and is not bound by the principle of mutual trust applicable between the courts of the member states.’The relationship between arbitration and litigation has, for a number of years, caused both the …
Continue reading "ADR: Run aground – is this the end of the road for West Tankers?"
This post is only available to members.
Mark Lewis provides a timely reminder to make sure your audit clause is fit for purpose ‘[In 118], the question was what rights did 118 have under the agreement to ascertain whether IDS was complying with the terms.’ Audit clauses are an important tool in IP agreements, intended to allow a licensor to check that …
Continue reading "Intellectual Property: A little less implication, a little more audit"
This post is only available to members.
Davina Bentley and Helen Mulcahy investigate a recent Supreme Court ruling on unfairness under the Consumer Credit Act ‘The decision [in Plevin] has displaced Harrison as the leading authority and loosened the constraints on what might be regarded as being an unfair transaction in favour of consumers of financial services.’The Supreme Court recently provided welcome …
Continue reading "Consumer Credit: PPI pitfall"
This post is only available to members.
