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Victor Cardona and James Villanueva review recent US treatment of NDAs ‘An NDA can potentially provide the disclosing party with the assurance that a confidential relationship has been created and that discussions with receiving parties will not be made public without the disclosing party’s permission.’ When one company considers entering into a business relationship with …
Continue reading "Confidentiality: Vows of silence"
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Sarah Carmichael discusses limitation and adjudication ‘Limitation is not ordinarily a concern at the outset of adjudication but the limitation bar might descend to block later referral of the underlying dispute to a court or arbitrator for final determination.’The Housing Grants, Construction and Regeneration Act 1996 (the Act) introduced adjudication as an expedient method to …
Continue reading "Limitation: Stop the clock?"
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Peter Taylor and Anna Robinson urge a fresh look at mediation ‘You should never ignore an invitation to ADR. If the timing or format of the ADR is an issue then it would be prudent to explain the reasons and suggest an alternative approach to ADR in the context of the dispute.’ Mediation is one …
Continue reading "ADR: Blessed are the peacemakers"
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Maura McIntosh highlights a recent case limiting witness evidence ‘The power to prohibit the calling of witnesses is relatively extreme and therefore will ordinarily be considered after less intrusive measures have been considered and rejected.’In what appears to be the first High Court decision applying the court’s new express powers to limit factual witness evidence, …
Continue reading "Evidence: Cutting it short"
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Cynthia O’Donoghue considers recent developments in data protection ‘Each of these decisions, opinions and guides all inform and should be used as a basis for interpreting the evolving definition of “personal data” rather than considered in isolation.’ What is ‘personal data’ is a conundrum often grappled with and for which there is little guidance except …
Continue reading "Data Protection: Ask no questions, tell no lies"
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Maxine Cupitt, Simon Garrett and Barney Hearnden examine the lessons to be learned from Madoff ‘In Madoff Securities International Ltd (In Liquidation) v Raven [2013] the judge looked through the now legendary frauds of Madoff to arrive at a practical evaluation of the directors’ obligations given all the circumstances.’ In the recent decision of Madoff …
Continue reading "Directors’ duties: Beggering belief"
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David Sawtell focuses on a recent application for summary judgment ‘From the true measure of the affection of the parties, the status of the Egham property, to the involvement of Mr Baxendale-Walker in the various legal entities referred to in the case, there were a number of different points that could have some material bearing …
Continue reading "Summary Judgment: Hot cross bun(ny)"
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Alex Fox and Clare Arthurs report on a recent decision clarifying the duties of banks ‘Where a bank undertakes a regulated activity in circumstances where failure to comply with a statutorily imposed regulation is likely to cause damage to the counterparty, robbing it of its informed choice, a duty of care arises at common law …
Continue reading "Negligence: Don’t bank on it: borrowers, lenders and the duty of care"
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Miranda Whiteley looks at recent developments on mistaken parties ‘Although there is no general duty owed by one party to litigation to correct the mistakes of the other, there are circumstances in which deliberately allowing the other party to continue in a mistaken belief about the correct defendant to sue or the effectiveness of an …
Continue reading "Practice: Helping the enemy – are you ever required to point out a claimant’s mistake?"
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Edward Coulson and Rachel Ziegler consider the recent Court of Appeal judgment preventing French parties in English litigation relying on the French blocking statute to avoid disclosure ‘Despite the fact that the orders made might expose parties to a risk of prosecution in France, the English court was still entitled to make them, although it …
Continue reading "Disclosure: French frankness"
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