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Susan Rosser and Catherina Yurchyshyn assess a recent decision on conspiracy to breach a court order ‘An unlawful-means conspiracy occurs where two or more people act together unlawfully, intending to damage a third party, and do so.’ In the recent case of JSC BTA Bank v Khrapunov [2018], the UK Supreme Court has held that …
Continue reading "Enforcement: A cunning plan"
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Laura Jenkins and Mike McCabe question why assessors and judicial assistants are not more widely used in commercial litigation ‘Judicial assistants have been used to support judges in the Supreme Court and Court of Appeal since around the turn of the 21st century and have been trialled as a permanent role in the Commercial Court …
Continue reading "Practice: Backing up the bench"
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Rustam Dubash, Clare Arthurs and Harriet Champkin present an overview of crucial arbitration case law ‘If there is doubt or disagreement as to the materiality of the arbitral award corrections sought, Bryan J suggests issuing an application for an extension of time before the 28-day period expires, and indeed seeking permission to appeal to the …
Continue reading "Arbitration: The art of adjudication"
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Sapna Garg reports on recent judicial views of success fees ‘The High Court roundly rejected HH Law’s arguments that in the post-LASPO regime, it was acceptable for the firm to adopt a business model where the maximum success fee is charged irrespective of the level of risk arising in the particular case.’ The dangers of …
Continue reading "Costs: The will to win"
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Clare Arthurs and Nicole Finlayson consider Wrotham Park damages and how the range of circumstances in which they can be claimed has narrowed ‘The Supreme Court’s landmark decision in Morris-Garner offers authority, at the highest level, on a sometimes confusing line of cases, and a conceptually tricky area of law.’ In the week that the …
Continue reading "Insights by Penningtons Manches: Over the finish line?"
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Elizabeth Wiggin and Chris Ross analyse a Supreme Court decision on limitation periods for breach of trust ‘The court’s analysis of the limitation period with respect to such claims is useful in clarifying the application of s21(1)(b) of the Limitation Act and its associated interplay with s21(3).’ In the case of Burnden Holdings (UK) Ltd …
Continue reading "Limitation: Fair shares"
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Gareth Keillor and Rosanna Pinker explore a recent judgment on undertakings with regard to freezing orders ‘The most important factor was that the foreign orders were obtained pursuant to independent rights under Swiss and Lithuanian law, in support of the Lithuanian proceedings, and not for the purpose of enforcing the freezing order or in support …
Continue reading "Injunctions: Breaking the ice"
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In the first of a three-part consideration of the need for reform of privilege, Richard Farnhill outlines the background to privilege and attribution ‘Where an agent has become aware of facts or information in the course and as a consequence of his or her duties and communicates them to the legal adviser with a view …
Continue reading "Privilege: What divides us"
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Raid Abu-Manneh, Ali Auda and Jonathan Clarke discuss a hot topic at the Paris Arbitration Week ‘The Achmea decision has created an uncomfortable situation where the validity of intra-EU BITs is questionable at best and thus the investor protections provided for by those BITs is uncertain.’ This year’s Paris Arbitration Week took place between 9 …
Continue reading "Arbitration: A Brexit bonus?"
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Kate Raybould reviews data protection and employer liability for employees’ actions ‘Despite the acts leading to the data disclosure taking place over a period of several months and only partly at his place of work, the judge found that there was an unbroken chain of events linking Skelton’s employment and his actions.’ In the space …
Continue reading "Vicarious liability: Unexpected items"
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