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Tamsin Baird analyses a judgment illustrating the dangers of oral agreements ‘The question was whether the parties’ words and conduct, when viewed objectively, led to a conclusion that they intended to create legal relations and had agreed all the essential terms for the formation of the contract.’ A recent High Court judgment has provided a …
Continue reading "Contract: Oral agreements: a formula for uncertainty"
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Nicole Finlayson and Clare Arthurs look at access to documents by non-parties ‘Cape concerned the extent and operation of the principle of open justice in terms of what access non-parties to litigation should be given to the written material, and how.’ In a showstopper judgment, a unanimous Supreme Court has clarified the extent of the …
Continue reading "Insights by Penningtons Manches Cooper: A slice too far?"
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Caroline Greenwell and Simon Heatley consider recent case law on tackling court bundles ‘As Jackson LJ observed in Iliffe, the bundle “should be an aid to the court, not an obstacle course”.’ In the recent case of White Winston Select Asset Funds LLC v Mahon [2019], the court was singularly unimpressed at the claimants’ approach …
Continue reading "Practice: Bundles of fun"
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Jack Dillon weighs up the worth of witness evidence ‘The lesson, particularly in a commercial context, is that objective realities weigh heavier than witnesses’ insistence about what would or would not have happened.’ A solicitor makes a negligent error in a negotiation between a client and third party. The error leads the client to agree …
Continue reading "Evidence: Vox populi?"
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Eleanor Scogings assesses the relationship between mediation and litigation ‘The CEDR rules provide for the selection of the mediator and a court could determine by reference to objective criteria whether the parties had engaged in mediation and whether the dispute remained unresolved.’ In Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019], the High …
Continue reading "ADR: Once more unto the settlement"
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Rick Brown and Victoria Tait review interesting developments in freezing injunctions ‘Even when a company is dissolved, this will not necessarily be a bar to applying for a freezing injunction.’ Freezing injunctions are an important litigation tool used to ensure potential assets are not disposed of and remain available to satisfy a future judgment. Recent …
Continue reading "Injunctions: Hair today, gone tomorrow (almost)"
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Maura McIntosh reports on some recent developments on contract and privilege ‘Even where an earlier contract is superseded and no longer applies, it may be admissible to explain the meaning of an unconventional, or technical, expression in the subsequent agreement.’ Contract In NHS Commissioning Board v Vasant [2019] the Court of Appeal held that the …
Continue reading "Update: Hot off the press"
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Gwendoline Davies explains ‘reasonable endeavours’ obligations and analyses whether these always comprise a sensible contractual solution ‘An obligation to use “reasonable endeavours” generally means that a party should adopt and pursue a reasonable course of action in order to achieve the desired result, bearing in mind its own commercial interests and the likelihood of success.’ …
Continue reading "Drafting: To strive, to seek, to… endeavour"
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Laura Scott highlights a robust intervention by the Court of Appeal ‘Early neutral evaluation is a form of alternative dispute resolution in which an independent and impartial evaluator is appointed to give the parties an assessment of the merits of their case.’ A recent Court of Appeal case is authority for the proposition that the …
Continue reading "Early neutral evaluation: Cards on the table"
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Chris Murray sets out another twist to Part 36 ‘The decision recognises that a Part 36 offer can be genuine even without a damages element.’ In MR v Commissioner of Police for the Metropolis [2019], the High Court recently ruled that an offer to settle for nil damages can be considered a genuine Part 36 …
Continue reading "Part 36: You’re free to go"
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