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Dov Ohrenstein reviews the law relating to reflective losses and derivative claims ‘Pursuant to s260(1) of the Companies Act Act, only a company member can bring a derivative claim. For this purpose “member” includes trustees in bankruptcy and other persons who have been transferred shares by operation of the law.’ Where a wrong is done …
Continue reading "Shareholders: Through the looking glass"
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David Sawtell looks at recent case law on exaggerated claims ‘There has been a recent, growing trend towards re-opening cases where there is evidence that the judgment or settlement was based on fraudulent evidence.’ Recent cases in the High Court and the Court of Appeal indicate that defendant insurance companies are turning to a range …
Continue reading "Litigation: Playing with fire: meeting suspicious claims head-on"
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Sam Coulthard and Bryony Pawsey investigate whether lawyers’ opinions on legal capacity continue to have any value following a recent Court of Appeal decision ‘In entering into void transactions, the Bank had received no rights at all under the swaps and had thus lost the full amount advanced.’Prudent contracting parties often seek advice from lawyers …
Continue reading "Contract: Never trust a lawyer"
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Nicola Bridge and Michael Ward explore the use and usefulness of freezing orders ‘It is important for practitioners to always keep abreast of such judicial commentary; not least because the pro forma freezing orders found in the Practice Direction to Part 25 and the Court Guides can differ, and are not themselves immune from criticism.’Freezing …
Continue reading "CPR: Coming in from the cold"
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Paul Jonson reviews submissions made to the Jackson review ‘Following Jackson LJ’s Review of Civil Litigation Costs, I anticipate that different success fees will be offered to different types of client, depending on factors such as the type of the claim, the value of the client to the firm and whether the client provides repeat …
Continue reading "Funding: Take a chance?"
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Anna Pertoldi and Maura McIntosh contemplate some recent decisions with practical implications for various aspects of litigation including privilege, expert witnesses, and Part 36 offers ‘The dividing line between circumstances where litigation is reasonably in prospect and where it is merely a possibility is not always clear.’A xa Seguros SA De CV v Allianz Insurance …
Continue reading "Update: Hot off the press"
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Richard Marshall and Clare Arthurs weigh up the likely shape and form of the Jackson Reforms ‘Whether or not the Report achieves its aim of promoting access to justice at a proportionate cost remains to be seen, but all practitioners should be aware of the Report’s key points.’ Finally, after all the consultations, committees and …
Continue reading "Procedure: The Jackson juggernaut: all aboard?"
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Rani Mina considers the impact of the new Practice Direction on costs budgets ‘The new Practice Direction may increase the risks that lawyers face as, should the approved costs budget prove to be wide of the mark, they will not only have an unhappy client but could face a claim if the budget was prepared …
Continue reading "Costs: Cutting your cloth"
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Alan Watts and Anna Bateman conclude their review of recent cases on the law of confidence and privacy ‘The principle of open justice requires that any restrictions are the least that can be imposed consistent with the protection to which a claimant is entitled.’ Following our previous article on confidence and privacy in the last …
Continue reading "Confidentiality: Silence is golden"
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Mathew Leverton reviews recent guidelines, bad faith and the Bribery Act ‘The Act creates the new offence of failure by companies to prevent bribery committed on their behalf.’ If it is possible to generalise at all, one might observe that the law dealing with dishonest or fraudulent behaviour is concerned with conduct that has a …
Continue reading "Bribery Act: More or less guilty"
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