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Stewart Hey, Simon Heatley and Iona Macmillan Douglas brush the dust off without prejudice privilege ‘There was no dispute that the relevant correspondence was without prejudice (WP). The question for the court was whether any exception to the rule applied.’ Legal professional privilege has been in the spotlight (and very rarely out of it) in …
Continue reading "Privilege: Making Briggs without Clay"
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James Shaw looks at some pleading lessons to be drawn from recent case law ‘The relatively short period for filing a defence under CPR r15.4(1) necessitates a limited obligation to make enquiries of relevant facts not otherwise in defendants’ existing knowledge.’ In England and Wales, parties to litigation are now required to delineate the broad …
Continue reading "Practice: Pleading awful"
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Andrew Wanambwa assesses guidance on jurisdiction from the Court of Appeal ‘The facts of Kaefer were complex but the key issue in the case was whether there was a “good arguable case” that two of the defendants, AT1 and Ezion, were parties to a contract and therefore bound by the jurisdiction agreement contained in it.’ …
Continue reading "Jurisdiction: Going out on a limb"
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Clare Arthurs and Nicole Finlayson catch the beat of non-party costs orders ‘Where a non-party does not simply fund the proceedings but substantially also controls or is to benefit from them, justice will ordinarily require the non-party to pay the successful party’s costs.' Non-party costs orders. Seemingly straightforward words, which in Various Claimants v Giambrone …
Continue reading "Insights by Penningtons Manches: Out of tune or a new refrain?"
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Joseph Sullivan reports on the first televised decision in the Court of Appeal ‘The courts have recognised that there are important policy reasons for permitting parties to obtain advice from their lawyers and to prepare for litigation without fear of those communications subsequently being disclosable to their opponent.’ In the recent case of WH Holding …
Continue reading "Privilege: A goal in the pipeline"
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Jason Rix examines contractual discretion and absolute contractual rights ‘Where a contract is found to include a contractual discretion, the authorities show it will be subject to an implied term that the person exercising the discretion does so honestly and in good faith, with regard to the contract.’ Freedom of contract is a common term …
Continue reading "Contracting: Discretion is the better part of valour"
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Kate Raybould looks at duplicity and art dealers ‘In 2016, the buyer raised doubts about the painting following an inspection by an independent expert. Sotheby’s carried out their own review and concurred that the painting was a forgery.’ Privilege has been through the wringer in recent times, largely coming under attack from disgruntled regulators keen …
Continue reading "Expert evidence: A not so old master"
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Sapna Garg explores the courts’ approach to rectifying parties’ mistakes when agreeing contract terms ‘It is by no means guaranteed that the court will rectify a contract unless there is compelling evidence of a mistake.’ It is a fact of life that mistakes happen when entering commercial agreements. Time is usually tight. Parties want to …
Continue reading "Mistake: Oops!… We did it again"
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Andy McGregor and Sarah Shaul outline a recent case on guarantees!–more–> ‘The guarantee contained both an unconditional guarantee clause and a separate principal debtor clause; the latter rendered Mr Cohen liable to Barclays for any customer liabilities that could not be recovered from him as guarantor.’ In Barclays Bank plc v Price [2018], Mr Cohen …
Continue reading "Guarantees: Demanding practices"
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Stephen Atherton QC and Malcolm Jarvis review a decision on a novel point under the Lugano Convention ‘It will only be in exceptional circumstances that case management considerations will be permitted to prevail over the English court’s lack of jurisdiction in respect of a co-defendant once the claim against the anchor defendant has been dismissed.’ …
Continue reading "Jurisdiction: Should I stay or should I go?"
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