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Brioney Thomas reviews recent case law on drafting notices ‘It is clear that if you want to exercise an option or give some form of notice under a unilateral contract, you need to follow the requirements set out in the agreement.’ Recent cases have provided a reminder of the importance of the choice of language …
Continue reading "Drafting: You ‘may’ do as you please but you ‘must’ do as we say…"
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Emma Davies and Clare Arthurs analyse the new streamlined Guidance for the Instruction of Expert Witnesses post-Mitchell and Jackson ‘Parties must be able to demonstrate that the expert evidence on which they seek to rely is fundamental to their case, particularly given the courts’ increased case management powers and heightened sensibilities regarding proportionality.’ It cannot …
Continue reading "Experts: Getting the story straight"
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Giles Hutt and Alex Sciannaca examine Part 36 and discuss possible reform ‘Part 36 is excessively technical and counter-intuitive to lawyers used to thinking in terms of contractual offer and acceptance, and as a result many offers are defective.’ One section of the Civil Procedure Rules (CPR) that is generally thought to work well, but …
Continue reading "Part 36: An offer you can’t refuse"
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Conrad Walker and Helen Rowlands report on a recent High Court ruling clarifying the scope of ‘proceedings’ and ‘court’ in Articles 27 and 30 of the Lugano Convention ‘The English court has not adopted a very technical approach to the meaning of “proceedings” and “court”, but a pragmatic one.’The Lugano Convention governs issues of jurisdiction …
Continue reading "Jurisdiction: Courting certainty"
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Conrad Walker and Helen Rowlands report on a recent High Court ruling clarifying the scope of ‘proceedings’ and ‘court’ in Articles 27 and 30 of the Lugano Convention ‘The English court has not adopted a very technical approach to the meaning of “proceedings” and “court”, but a pragmatic one.’The Lugano Convention governs issues of jurisdiction …
Continue reading "Jurisdiction: Courting certainty"
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Gregg Rowan and Daniel Woods consider a recent case on repudiatory breach ‘Commercial parties may wish to seek an express right to terminate where there is a delay in performance of particular obligations. Where there is no express right, parties should always consider carefully before seeking to terminate on grounds of delay.’In a recent decision, …
Continue reading "Contract: Show me the molar"
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Julia Staines reports on a significant judgment in the Court of Appeal ‘In the three cases which were the subject of the appeal, the Court of Appeal believed that two of them (Decadent and Utilise) evidenced an “unduly draconian approach” and one of them (Denton) “an unduly relaxed approach”.’ Hot on the heels of the …
Continue reading "Procedure: Appealing news"
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Mary Gibbons examines troubled times for Argentina and bond holders ‘In the longer term, the jurisdictional decision in Abaclat may prompt other holders of defaulted sovereign debt and their legal advisors to consider investment treaty arbitration as a means of recourse against issuers of international debt.’ The last stand at the OK Corral, which took …
Continue reading "Banking: Last stand at the OK Corral?"
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Neil Jamieson reviews the new ‘buffer rule’ and recent Court of Appeal decisions: the end of post-Mitchell ‘zero tolerance’? ‘The old lax culture of non-compliance with rules, practice directions and orders is no longer tolerated, and compliance has to be considered in every case.’ In just a few months, we have come a very long …
Continue reading "Practice: End of the line"
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Sascha Hindmarch outlines the pursuit of Libor-related claims ‘Graiseley’s importance lies in the window it provides claimants to pursue financial institutions for Libor-related infringements by pleading implied representations as a head.’ The Court of Appeal’s decision at the end of last year in Graiseley Properties Ltd v Barclays Bank plc [2013] (appeal decision) confirmed that …
Continue reading "Misrepresentation: Banking on bankers"
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