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Jonathan Speed and Claire Morel de Westgaver consider whether arbitration should do more to embrace summary judgment procedures ‘Recent developments suggest that the industry is preparing for a shift from litigation to arbitration as a mechanism to resolve financial disputes and derivatives disputes in particular.’ A criticism that is often levied at international arbitration is …
Continue reading "Arbitration: Cutting to the chase"
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Paul Green examines recent case law on corporate liability ‘In the broadest sense, Chandler v Cape is a wake-up call that separate corporate entities are intended to be just that, rather than merely a vehicle by which risk can be compartmentalised.’For over 110 years, it has been an established legal principle that the acts and …
Continue reading "Company: Papering over the corporate cracks"
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Alistair Maughan and Sarah Wells look at whether a duty of good faith can ever be implied into a contract? ‘English courts have long held that parties should have the freedom to contract in the way that they wish, and so have been reluctant to intervene and impose overriding obligations of good faith. However, two …
Continue reading "Contract: Faith in the system"
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Martin Meredith analyses a recent ECJ decision on the role of in-house lawyers ‘The ECJ reinforced the Akzo reasoning that a lawyer’s independence can be determined positively – by reference to professional obligations – but also negatively by reference to the absence of an employment relationship.’ The decision of Prezes Urzedu Komunikacji Elekronicnej & Republic …
Continue reading "Conduct: Independent thinking"
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Philippa Charles and Al Trent consider the vexed question of which law governs an arbitration agreement ‘The House of Lords made clear in Fiona Trust v Privalov [2007], an arbitration agreement is separable from its parent contract. It must be considered – in effect – as a separate contract.’ Arbitration practitioners will be aware that …
Continue reading "Jurisdiction: Rules of the road"
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Clare Arthurs and Alex Fox reflect on the Supreme Court judgment in Nutritek The Supreme Court clearly declined to extend the circumstances in which the corporate veil may be pierced. The corporate veil has been in the limelight of late. The Court of Appeal in VTB Capital v Nutritek International Corp [2012] kept it drawn …
Continue reading "Company: Dance of the corporate veil"
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Martin Meredith reviews the implications of recent case law on in-house lawyers In-house lawyers are like no other employee – by reason of their role, they hold a position of trust, influence and confidence, acting solely in the interests of their employer/client. The Court of Appeal’s decision in Generics (UK) Ltd v Yeda Research & …
Continue reading "Practice: Biting the hand that fed you"
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Joanna Ludlam and Fiona Lockhart examine the likely impact of the Prudential judgment The provision of legal advice is not the sole preserve of lawyers and in these challenging commercial times clients do not want to have to pay for ‘legal filters’ (having their lawyers instruct third parties whom they could instruct themselves).In a much …
Continue reading "Privilege: A privileged upbringing"
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David Sawtell looks at the calculation of Wrotham Park damages It is reasonable for the court to look at the eventual outcome and to consider whether or not that is a useful guide to what the parties would have thought at the time of their hypothetical bargain where there has been nothing like an actual …
Continue reading "Damages: Park life"
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David Robinson discusses a recent case on the ambit of a solicitor’s duties NIAL relied upon the fact that the limit of indemnity of Eversheds’ professional indemnity insurance greatly exceeded £3m and also that Eversheds had failed to explain the effect of either clause to NIAL before the retainer was signed. In Newcastle International Airport …
Continue reading "Negligence: Flight testing"
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