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Dispute Resolution

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Dispute Resolution

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Bribery Bill update: Log in required; The latest on the UK Bribery Bill's race against time.; (Last reviewed: 01 September 2010; submitted: 22 March 2010)
High Court offers further guidance on the construction of contracts affected by careless drafting or mistakes: Log in required; In June 2010, the High Court applied principles most recently refined in Chartbrook Ltd v Persimmon Homes Ltd to construe a contract affected by a mistaken ommision; (Submitted: 26 August 2010)
The new UK Bribery Act: Log in required; When the UK's Bribery Act comes into force, as is now expected in 2011, it will arguably be the toughest anti bribery law in the world and will have important implications for Chinese organisations doing business in the UK.; (Submitted: 26 August 2010)
Evidence: Court of Appeal orders return of confidential information: Log in required; In a recent divorce case the Court of Appeal held that a wife was not entitled to use financial information she had obtained from her husband's private computer without his knowledge. The case is a worthwhile reminder of the court's discretion as to the admissability of evidence obtained unlawfully, including in breach of confidence.; (Last reviewed: 03 August 2010; submitted: 02 August 2010)
Attenderingen: Log in required; In deze editie van Werk in Uitvoering de volgende attenderingen: a) Uitbreiding reikwijdte en verbetering van de Wet BIBOB, b) Vanaf 01 oktober 2010 geen Wro maar Wabo van toepassing op 'projectplanologie', en c) Leemte Wabo met betrekking tot het projectbesluit.; (Submitted: 02 August 2010)
De ZZP-er en het risico voor de opdrachtgever: Log in required; Mede door de crisis is het aantal zelfstandigen toegenomen. Veel zelfstandigen werken zonder personeel, de zogenaamde ZZP-ers. In dit artikel wordt stilgestaan bij de wijze waarop de opdrachtgever de fiscale/financiële risico's tot een minimum kan beperken bij het inhuren van een ZZP-er.; (Submitted: 02 August 2010)
De Wet Kraken en Leegstand: Log in required; Op 01 juni dit jaar is de Wet kraken en leegstand aangenomen. Voorgenomen is dat deze wet op 01 oktober 2010 in werking zal treden, maar dit mogelijk al eerder gebeurt. In het navolgende zal kort worden ingegaan op de belangrijkste wijzigingen die voortvloeien uit de Wet Kraken en leegstand.; (Submitted: 02 August 2010)
Convicted on one count: Ian Norris found guilty of conspiracy by Philadelphia jury: Log in required; A US jury has aquitted Ian Norris of witness tampering and persuading others to destroy documents, but has convicted him of conspiracy to obstruct a price fixing investigation.; (Submitted: 30 July 2010)
The latest FSA insider dealing prosecutions: Log in required; A report on the most recent insider dealing prosecutions brought by the FSA.; (Submitted: 27 July 2010)
The Imperial case: Log in required; A look at how the recent failure to secure a conviction against directors for dishonesty offences at the second attempt illustrates the continuing difficulties in pursuing such cases.; (Submitted: 27 July 2010)
Defence costs: a victory for fairness?: Log in required; A look at a recent judgment that has struck down a government cost cutting initiative which had potentially serious implications for those facing prosecution for white collar criminal offences.; (Submitted: 27 July 2010)
Extradition: back under the spotlight: Log in required; A note highlighting the prospect of the Coalition Government reviewing the UK's extradition arrangements with the US.; (Submitted: 27 July 2010)
The Bribery Act - avoiding repentance at leisure: Log in required; A report on the Ministry of Justice announcement that the implementation of the Bribery Act will not now come into force until April 2011.; (Submitted: 27 July 2010)
The new Economic Crime Agency: Improving detection and enforcement of serious economic crime?: Log in required; A report on the proposed new economic crime agency for the investigation and prosecution of white collar crime.; (Submitted: 27 July 2010)
Court of Appeal holds open the door for Europe wide cartel claims: Log in required; On 23 July 2010, the Court of Appeal handed down its decision in Cooper Tire & Rubber Company Europe Ltd and others v Dow Deutschland Inc and others. The judgment confirms that the English Court will readily take jurisdiction over Europe wide cartel damages claims. The outcome of this decision will be of concern to corporates and gives the green light to claimants to pursue such actions before the English Court.; (Submitted: 23 July 2010)
Hong Kong Professional privilege - do's & don'ts: Log in required; This guide provides a checklist of do's and don'ts for preparing documents relating to a dispute with a view to ensuring that they are privileged against production.; (Submitted: 22 July 2010)
Legal protection against unreasonably long court proceedings - mixed response to bill: Log in required; The German Government plans to expand the legal protection against unreasonably long court proceedings. In future the parties to the proceedings will have the option of raising an objection on procedural grounds and filing a claim for compensation.; (Submitted: 20 July 2010)
The price of refusing to mediate in the Hong Kong courts under the new High Court Rules: Log in required; The Golden Eagle case affirms the steps already taken in the High Court Rules to promote the settlement of disputes and a party choosing to ignore mediation will suffer costs consequences.; (Submitted: 20 July 2010)
Who will prosecute insider dealing in the new regulatory structure?: Log in required; The Chancellor of the Exchequer's recent Mansion House speech set out the future regulatory architecture in the UK and which of the new bodies will be responsible for which areas currently overseen by the Financial Services Authority. There appears, however, still to be a question mark over enforcement of the market abuse regime within that new structure.; (Submitted: 12 July 2010)
Defining the charge for credit: Southern Pacific Securities 05-2 Plc v Walker and Another [2010] UKSC 32: Log in required; The Supreme Court has handed down a judgment that will come as welcome relief to lenders. In Southern Pacific Securities 05-2 Plc the Supreme Court gave definitive guidance on the definition of "amount of credit" under the Consumer Credit Act 1974.; (Submitted: 09 July 2010)
Rechtsschutz bei unangemessen langen Gerichtsverfahren – geteiltes Echo auf Gesetzentwurf: Log in required; Die Bundesregierung plant eine Erweiterung der gesetzlichen Rechtsschutzmöglichkeiten gegen unangemessen lange Gerichtsverfahren.; (Submitted: 07 July 2010)
Begrenzung der Laufzeiten von Gaslieferverträgen wird nicht verlängert: Log in required; In der Zeit zwischen 2006 und 2008 erließ das Bundeskartellamt eine Reihe von Entscheidungen gegen deutsche Ferngasunternehmen.; (Submitted: 28 June 2010)
Splitsingswet energiebedrijven in strijd met Europees recht: Log in required; Het Hof Den Haag heeft bij arrest van 22 juni 2010 bepaald dat kernbepalingen van de Splitsingswet in strijd zijn met het Europese recht. De Splitsingswet heeft de Elektriciteitswet 1998 en de Gaswet gewijzigd, door in beide wetten een groepsverbod en een verbod op nevenactiviteiten op te nemen. Het Hof heeft nu geoordeeld dat beide verboden in strijd zijn met het Verdrag betreffende de werking van de Europese Unie. In dit artikel leest u wat hiervan de gevolgen zijn.; (Submitted: 22 June 2010)
The Bribery Act: a window of opportunity: Log in required; This article discusses the important window of opportunity that companies now have to review their current anti bribery and gifts & entertainment policies, before the new "corporate offence", under the UK Bribery Act 2010, comes into force.; (Submitted: 22 June 2010)
First sentencing of a pharmaceutical company for violation of the anti gift law: Log in required; The Criminal Court of Clermont-Ferrand rendered on 15 March 2010 a judgment in first instance against a French pharmaceutical company, imposing a fine on the company. This decision is the first sentencing of a pharmaceutical company in France for a violation of the anti gift law which prohibits pharmaceutical companies from granting any kind of benefits, directly or indirectly, to healthcare professionals.; (Submitted: 21 June 2010)
Renegotiating or litigating technology and outsourcing agreements - strategies for success: Log in required; Strategies for customers seeking to renegotiate or litigate technology or outsourcing agreements.; (Submitted: 17 June 2010)
Shah v HSBC: analysis of the implications for SARs: Log in required; How a recent Court of Appeal ruling may have put banks on a tightrope between criminal sanction for failing to disclose suspicious transactions and civil litigation from disgruntled customers.; (Last reviewed: 17 June 2010; submitted: 19 February 2010)
BSkyB v EDS: the last hurrah…: Log in required; An update on BSkyB v EDS and its implications from legal, business and customer perspectives.; (Submitted: 16 June 2010)
Client money: FSA enforcement of the client money rules: Log in required; A review of the FSA's first significant enforcement action in relation to its client money rules.; (Submitted: 16 June 2010)
Simon Eagle: a landmark case in FSA market abuse enforcement: Log in required; On 18 May 2010, the FSA published the latest outcome in its longest ever running market abuse enforcement case. This relates to the "share ramping" scheme involving Fundamental-E Investments plc which took place back in 2003-2004.; (Last reviewed: 09 June 2010; submitted: 02 June 2010)
Causation and non party costs orders: Log in required; A recent case where the court held that, if there existed a causal connection between a non party to litigation and costs, that the non party might be subject to a non party costs order if it was just to do so.; (Submitted: 07 June 2010)
The end of expert witness immunity?: Log in required; A recent case showing how the doctrine of expert witness immunity continues to raise interesting questions in relation to its benefits and the boundaries of its application.; (Submitted: 07 June 2010)
Rubuttable inference that clients follow their solicitors' advice: Log in required; A recent case which states that where a solicitor has advised the client to take a certain action which it then takes, there is a rebuttable inference that the advice has caused the client to take that action.; (Submitted: 07 June 2010)
Tom Hoskins plc v EMW Law: Log in required; A review of Tom Hoskins plc v EMW Law where the UK courts again considered the question of whether the scope of a solicitor's duty extends to providing the client with commercial advice. The court also addressed the question of the recoverability of trading losses.; (Submitted: 07 June 2010)
CFAs and ATE: An unusual indemnity pays off and judge defers to underwriters: Log in required; A review of recent decisions on After the Event insurance.; (Submitted: 07 June 2010)
Rio Tinto shows that the Chinese Government is serious about combating corruption (update): Log in required; The recent Rio Tinto judgment reiterates the PRC Government's determination to root out corruption in the PRC.; (Submitted: 02 June 2010)
First landmark decision: a US court has recognised and enforced a PRC court judgment: Log in required; A Californian court has successfully recognised and enforced a Chinese court judgment despite a lack of treaty between the US and the PRC. This article looks at the reasons for this decision together with its potential implications for future PRC judgments in the US and US judgments in the PRC.; (Submitted: 02 June 2010)
FSA market abuse cases: Log in required; This article sets out the key market abuse decisions by the FSA under the market abuse regime pre and post 01 July 2005.; (Last reviewed: 27 May 2010; submitted: 21 April 2009)
Crisis- en herstelwet van kracht: Log in required; Op 31 maart 2010 is de Crisis- en herstelwet in werking getreden. De Crisis- en herstelwet is een tijdelijke wet en zal vervallen op 1 januari 2014. De wet omvat tal van maatregelen die beogen bij te dragen aan versterking van de economische structuur op de korte en langere termijn. In deze nieuwsbrief bespreken we de relevante maatregelen.; (Submitted: 21 May 2010)
Schärfere Gangart in der Missbrauchsaufsicht: Log in required; Das Bundeskartellamt und die Landeskartellbehörden haben ihre Gangart bei der Missbrauchsaufsicht gegen Versorgungsunternehmen deutlich verschärft.; (Submitted: 21 May 2010)
French Supreme Court confirms AMF's position regarding the obligations of UCITS depositaries: Log in required; The French Cour de Cassation has confirmed the decision of the AMF in connection with the liability of a depositary to return assets to a fund when the depositary has delegated custody of the assets to a third party.; (Last reviewed: 20 May 2010; submitted: 29 April 2009)
Versoepeling bestuursprocesrecht: Log in required; Voor de in de Crisis- en herstelwet aangewezen besluiten over ruimtelijke en infrastructurele projecten is het bestuursprocesrecht tijdelijk versoepeld. In dit artikel bespreken we de belangrijkste wijzigingen.; (Submitted: 19 May 2010)
Reikwijdte van de Crisis- en herstelwet: Log in required; De Crisis- en herstelwet bevat een aantal bepalingen die beogen de bestuursrechtelijke procedures die doorlopen moeten worden in het vergunningentraject voor bepaalde ruimtelijke en infrastructurele projecten tijdelijk te versimpelen en te versnellen. Om welke projecten gaat het?; (Submitted: 19 May 2010)
De Crisis- en herstelwet en duurzame energie: Log in required; De Crisis- en herstelwet heeft onder meer tot doel projecten op het gebied van duurzaamheid, energie en innovatie te bevorderen. Hieronder kan worden verstaan de aanleg of uitbreiding van windturbines en de bevordering van warmte-koudeopslag (WKO's).; (Submitted: 19 May 2010)
Tijdelijke verhuur te koop staande woningen: Log in required; De Crisis- en herstelwet biedt een oplossing voor projectontwikkelaars en woningeigenaren die door de crisis hun te koop staande woningen niet kwijtraken. Op grond van deze wet kunnen woningeigenaren hun te koop staande woningen tijdelijk verhuren zonder dat de huurder zich op volledige huurbescherming kan beroepen.; (Submitted: 19 May 2010)
Beperkte rechtsbescherming door de invoering van de relativiteitseis: Log in required; Eén van de instrumenten om de bestuursrechtelijke procedures te versnellen is de invoering van de zogenaamde relativiteitseis in artikel 1.9 van de Crisis- en herstelwet. Deze eis houdt in dat een belanghebbende niet langer een procedure kan vertragen door zich te beroepen op een (on)geschreven rechtsregel die niet is gemaakt om hem te beschermen.; (Submitted: 19 May 2010)
Gebiedontwikkelingsplannen: Log in required; De Crisis- en herstelwet introduceert het gebiedontwikkelingsplan. Dit is een ruimtelijk plan met betrekking tot een bestaand stedelijk gebied of een bestaand bedrijfsterrein, dat bij wijze van experiment bij algemene maatregel van bestuur voor een periode van ten hoogste tien jaar als ontwikkelingsgebied is aangewezen.; (Submitted: 19 May 2010)
Projectuitvoeringsbesluit: Log in required; In de Crisis- en herstelwet heeft de wetgever een nieuw instrument geïntroduceerd: het projectuitvoeringsbesluit. Een projectuitvoeringsbesluit is een besluit waarin verschillende vergunningen, ontheffingen en vrijstellingen die vereist zijn voor het uitvoeren van een bouwproject worden geïntegreerd. Daardoor kan het vergunningentraject voor het betreffende project versneld worden doorlopen.; (Submitted: 19 May 2010)
Italy’s criminal court rules against Google: Log in required; The right to freely spread information on the web versus the right to be protected against the illegal diffusion of information.; (Submitted: 13 May 2010)
Compulsory prosecution by the public against former executives of a Japanese rail company: Log in required; A leading Japanese case where compulsory prosecution by the Panel of Prosecution was enforced despite prosecutors decision not to indict.; (Submitted: 13 May 2010)
Daimler settles US corruption accusations: Log in required; US authorities' investigations against Daimler AG and its subsidiaries for corruption in at least 22 countries.; (Submitted: 13 May 2010)
Prosecuting bribery - are plea deals a thing of the past?: Log in required; A look at the Serious Fraud Office's approach to plea deals, the use of civil recovery orders and the negotiated press release.; (Submitted: 13 May 2010)
When does the limitation period begin to run? Challenging public procurement contracts in the post Uniplex world: Log in required; The English High Court has issued the first judgment applying the Uniplex ruling on the limitation periods applicable for challenges under the Public Contract Regulations 2006.; (Submitted: 07 May 2010)
Fines reduced in Dutch construction bid rigging case: Log in required; A Dutch Appeal Tribunal has granted a 10 per cent fine reduction (capped at €10,000) for its own delay in dealing with the appeal; (Submitted: 07 May 2010)
The Italian leniency regime - three years on: Log in required; How is the Italian leniency programme working? An overview of the latest cases and the unresolved issues.; (Submitted: 07 May 2010)
Trial by jury - the UK cartel offence under the microscope: Log in required; The issue of dishonesty is at the heart of the first contested prosecution under the UK cartel offence.; (Submitted: 07 May 2010)
Akzo Nobel: Still no privilege for in house lawyers: Log in required; The Advocate General of the Court of Justice of the European Communities has issued an Opinion in Akzo Nobel (joined cases T-125/03 and T-253/03) recommending that in house lawyers' communications should continue not to be protected by legal professional privilege in European Commission investigations.; (Submitted: 29 April 2010)
FSA enforcement priorities: The Northern Rock executives: Log in required; On 13 April 2010 the Financial Services Authority fined and prohibited two former executives of Northern Rock plc, David Baker (formerly the deputy CEO) and Richard Barclay. They were found by the FSA to have provided inaccurate information as to Northern Rock's mortgage arrears and possessions.; (Submitted: 22 April 2010)
UK yoghurt contract case finally takes on life of its own: Log in required; In RTS Flexible Systems Limited v Molkerei Alois Müller it was concluded that courts will look at the circumstances of each case because parties may intend to be bound, prior to a written contract, despite outstanding terms or formalities.; (Submitted: 16 April 2010)
DIS rule for corporate law disputes: Log in required; In its decision of 06 April 2009, the German Federal Court of Justice (Bundesgerichtshof – BGH) affirmed that disputes regarding deficient corporate resolutions can be resolved by arbitration under the law relating to German limited liability companies (GmbHs).; (Submitted: 09 April 2010)
A new approach for the AMF?: Log in required; The Autorité des Marchés Financiers (AMF) is considering significant changes to its investigative procedures. On 18 March 2010 we held a telephone conference call (in English) on this subject and this article comprises our follow up note along with access to the audio recording of the call.; (Submitted: 08 April 2010)
The Bribery Bill - the race is on: Log in required; Following the announcement that the next general election will be held on 06 May 2010, the race is on for the Bribery Bill to complete its passage through Parliament. With only two days left of the parliamentary session, will the Bill become the Act?; (Submitted: 07 April 2010)
European Toy Safety Directive: Log in required; The new European Toy Safety Directive (2009/48/EC) came into force in July 2009 to replace the Toy Directive 88/378/EEC and must be implemented into national legislation by the end of January 2011.; (Submitted: 06 April 2010)
Dutch statutory rules on product liability: Log in required; In a recent decision of the Dutch Court of Appeal a claim for damages as a result of mental injury was denied. The claim was based on the Dutch statutory rules on product liability.; (Submitted: 06 April 2010)
German Federal Court of Justice ruling on liability for safety components: Log in required; The German Federal Court of Justice (Bundesgerichtshof) have ruled on a case in which the driver of a vehicle suffered an injury to his carotid artery and consequently a cerebral infarct, after the side airbag of his car exploded when the car drove on to the hard shoulder.; (Submitted: 06 April 2010)
The ECJ has a heart, but will not bend: Log in required; The European Court of Justice holds that while a claimant is out of time to sue the producer of a product, it may sue the supplier who delayed in supplying him with information.; (Submitted: 06 April 2010)
European Commission revise guidelines for the RAPEX system: Log in required; To facilitate the operation of an EU Community Rapid Information System (RAPEX) and the notification procedure of the General Product Safety Directive, the European Commission has drawn up new guidelines to regulate various aspects of the procedures and, in particular, to establish the content of new notifications.; (Submitted: 01 April 2010)
Innospec Limited - A severe setback for the SFO’s fight against overseas corruption: Log in required; The Innospec case is a serious setback to the UK's Serious Fraud Office and its strategy for dealing with overseas corruption.; (Last reviewed: 01 April 2010; submitted: 29 March 2010)
DIS-Regel für gesellschaftsrechtliche Streitigkeiten: Log in required; In seiner Entscheidung vom 6. April 2009 bejahte der BGH die Schiedsfähigkeit von Beschlussmängelstreitigkeiten im Recht der GmbH.; (Submitted: 31 March 2010)
Cartel damages claims: obtaining redress for loss: Log in required; Issues facing defendants and claimants in cartel damages claims.; (Submitted: 31 March 2010)
How to avoid prison for insider dealing: The FSA and cooperating witnesses in the UK: Log in required; On 10 March 2010 the Financial Services Authority (FSA) secured its third conviction for insider dealing. After four days of deliberations the jury convicted Malcolm Calvert, a former partner of Cazenove, on five counts of insider dealing. He was originally charged with 12 counts.; (Last reviewed: 29 March 2010; submitted: 15 March 2010)
Supreme Court upholds decision to extradite Ian Norris: Log in required; Nine Supreme Court judges confirm that Ian Norris should face obstruction charges in the US.; (Last reviewed: 29 March 2010; submitted: 04 March 2010)
New FSA enforcement penalty rules: Log in required; In July 2009 the Financial Services Authority (FSA) published a Consultation Paper in which it set out a proposed formula for calculating the financial penalty to be paid to the FSA in enforcement cases. The consultation has now finished and the amended rules in the Decision Procedure and Penalties chapter of the FSA Handbook come into force on 06 March 2010.; (Last reviewed: 29 March 2010; submitted: 04 March 2010)
SFO raids and arrests in latest foreign corruption investigation: Log in required; SFO's anti corruption campaign continues.; (Last reviewed: 29 March 2010; submitted: 26 March 2010)
BAE: deal or no deal?: Log in required; BAE's settlement with the UK Serious Fraud Office faces judicial review.; (Last reviewed: 29 March 2010; submitted: 22 March 2010)
Lehman: Cornerstone of UK investor protection found wanting: Log in required; On 15 December 2009 Mr Justice Briggs of the High Court of England and Wales handed down a Lehman judgment of significance to investor confidence in UK firms, to the speed and complexity of the Lehman administration, to the returns ultimately available to UK creditors in the UK and to the credibility of the Financial Services Authority at an already challenging moment.; (Submitted: 26 March 2010)
Why fraud is like an elephant: Log in required; A recent case confirms that, while you know it when you see it, fraud itself is rather hard to define.; (Submitted: 22 March 2010)
Litigation does not destroy the confidentiality obligations owed to one of the parties by a potential witness: Log in required; The UK Commercial Court confirms that a party to litigation can enforce any duties of confidence owed to it by a potential witness in pre trial questioning of that witness by the other party: Porton Capital Technology Funds (A Body Corporate) and Anr v 3M UK Holdings Limited and Anr [2010] EWHC 114 (Comm); (Last reviewed: 11 March 2010; submitted: 04 February 2010)
A recent decision on insurers’ rights, success fees and conditional fee agreements: Log in required; The UK Court of Appeal holds that, unlike the legal aid which they have largely replaced, conditional fees are available to all parties, no matter how rich they are.; (Submitted: 11 March 2010)
Briber beware: bung paid to solicitor unrecoverable from firm: Log in required; Nayyar and others v Denton Wile Sapte and another confirms the ex turpi causa principle: that a claimant may not rely on their own illegal act and that this extends to the retrieval of a bribe which did not bear fruit.; (Submitted: 11 March 2010)
I won’t take the case, it’s too easy: Log in required; A recent case reminded lawyers that a conditional fee agreement success fee is a reward for the risk the solicitors took that they would lose the case, and therefore not get paid. No risk equals no reward.; (Submitted: 11 March 2010)
Insurers kick back against the not exactly innocent: Log in required; Two recent cases on how insurers may avoid liability for the acts of fraudulent partners in professional firms.; (Submitted: 11 March 2010)
Electronic disclosure: Log in required; Goodale v Ministry of Justice - recent UK case encourages early and ongoing active management of electronic disclosure in contemplation of dedicated electronic disclosure practice direction due in 2010.; (Submitted: 10 March 2010)
The three oil company executives: leniency in FSA market abuse cases: Log in required; The market abuse fines levied on three oil company executives for civil insider dealing on 16 February 2010 came in the same week as the FSA began its third prosecution for criminal insider dealing. That prompts the question why the FSA prosecutes some cases through the criminal courts but takes others down the civil market abuse route.; (Last reviewed: 02 March 2010; submitted: 01 March 2010)
Bank charges and the UTCCR: the Supreme Court's decision: Log in required; The Supreme Court have issued a landmark judgment in which it allowed the banking community's appeal in relation to the long running overdraft charges litigation.; (Last reviewed: 24 February 2010; submitted: 25 November 2009)
Englisch als Gerichtssprache - Much Ado about nothing?: Log in required; Im Bezirk des Oberlandesgerichtes Köln läuft seit dem 1. Januar 2010 ein Modellprojekt, in dessen Rahmen mündliche Gerichtsverhandlungen unter bestimmten Voraussetzungen auf Englisch geführt werden können.; (Submitted: 24 February 2010)
Insider trading: clarification from French regulatory authority: Log in required; This article summarises a recent AMF decision concerning the deemed use of insider information.; (Last reviewed: 19 February 2010; submitted: 18 February 2010)
Commercial Court ruling on alleged misselling issues: Log in required; The Commercial Court has given a ruling on certain important preliminary issues in a bank alleged misselling case: Titan Steel Wheels Ltd v The Royal Bank of Scotland plc [2010] EWHC 211.; (Submitted: 16 February 2010)
BSkyB v EDS - dogged analysis secures victory for BSkyB: Log in required; EDS suffers the consequences of fraudulent misrepresentation by one of their representatives in the form of millions of pounds in damages.; (Last reviewed: 09 February 2010; submitted: 29 January 2010)
Shah v HSBC, no POCA safety net?: Log in required; The Court of Appeal's ruling in Shah v HSBC has blown open the question of protection afforded to financial institutions when dealing with suspicion and the decision to file a Suspicious Activity Report.; (Submitted: 05 February 2010)
Italian ruling on tobacco liability: implications for the pharmaceutical industry: Log in required; Rulings in product liability cases concerning smoking have, with the advent of class actions, broad implications for the pharmaceutical industry in Italy.; (Submitted: 02 February 2010)
BSkyB win long running case against EDS: Log in required; Long awaited verdict holds that BSkyB was deceitfully induced into an IT contract, but does not uphold all allegations of misrepresentation.; (Last reviewed: 29 January 2010; submitted: 27 January 2010)
Perpetual case alert - US Bankruptcy Court decision: Log in required; The conditional priority provisions, which apply to many structured finance transactions, have been held to constitute unenforceable ipso facto clauses that violate the US Bankruptcy Code.; (Submitted: 26 January 2010)
Key English court judgments of 2009 for financial markets participants: Log in required; 2009 saw a series of important judgments handed down by the English courts which are of relevance to our clients in the financial markets. The purpose of this update is to highlight the most significant of those cases.; (Last reviewed: 22 January 2010; submitted: 19 January 2010)
Court of Appeal confirms the FSA’s power to prosecute money laundering offences: Log in required; The Court of Appeal has confirmed that the Financial Services Authority has the power to prosecute money laundering offences under POCA.; (Last reviewed: 22 January 2010; submitted: 09 November 2009)
Legal advice privilege limited to advice from lawyers: Log in required; The High Court has held that legal advice privilege cannot be claimed in respect of tax advice received by a client from a tax accountant: R (on the application of Prudential PLC) v Special Commissioner of Income Tax.; (Last reviewed: 13 January 2010; submitted: 23 October 2009)
ICC Documentary Instruments Dispute Resolution Expertise (DOCDEX): Log in required; What is this? How does it work? Who can use it and why should it be used?; (Submitted: 15 December 2009)
You say Metavante, I say Marine Trade: an English court judgment on section 2(a)(iii) of the ISDA Master Agreement: Log in required; An English court upholds the validity of section 2(a)(iii) and rules that a Non Defaulting Party may legitimately rely upon it to require "gross" payment by a Defaulting Party as an alternative to terminating the ISDA and effecting a close out netting pursuant to section 6(e).; (Submitted: 15 December 2009)
Lehman judgment: important UK client money ruling: Log in required; Mr Justice Briggs of the High Court of England and Wales handed down judgment following the largest and longest UK litigation so far in connection with the administration of Lehman Brothers International (Europe) (LBIE).; (Submitted: 15 December 2009)
English court upholds the validity of the close out provisions in the ISDA Master Agreement: Log in required; Welcome news for financial markets participants as English court upholds the validity of the close out provisions in the ISDA Master Agreement.; (Submitted: 15 December 2009)
Dubai World: new Tribunal awarded all dispute resolution powers: Log in required; The Dubai Government announced that Nakheel Development Limited will meet its repayment obligations, following receipt of financial support from the Abu Dhabi Government. Dubai also announced fundamental changes to the law affecting the bankruptcy and restructuring regime applicable to Dubai World.; (Submitted: 14 December 2009)
HM Treasury's review of the Money Laundering Regulations 2007: Log in required; The first in a series of steps in the review of the 2007 Money Laundering Regulations gets underway.; (Submitted: 14 December 2009)
When the insurer doesn’t have to pay: D&O insurance and the fraud exception: Log in required; The Stanford defendants have faced two hurdles to obtaining their D&O cover: the wide ranging receivership order set against their assets, and their insurers' decision to try and convict them.; (Submitted: 14 December 2009)
UK Bribery Bill - stand aside FCPA?: Log in required; The Bribery Bill looks as though it may well win its race against time to pass through the current session of Parliament. As well as changing the playing field for British business, it will also affect many overseas companies too.; (Submitted: 14 December 2009)
Attenderingen: Log in required; In deze editie van Werk in Uitvoering de volgende attenderingen: 1) Wet Dwangsom en beroep bij niet tijdig beslissen in werking getreden, 2) Wet algemene bepalingen omgevingsrecht wederom uitgesteld, en 3) Tweede Kamer stemt in met crisis- en herstelwet.; (Submitted: 14 December 2009)
Financieel risico bij personeel van derden: Log in required; Bedrijven maken steeds vaker gebruik van personeel van derden. Het zogenaamde inlenen van dit personeel brengt tevens een financieel risico met zich mee. De inlener kan namelijk aansprakelijk worden gesteld voor de loonheffingen en omzetbelasting die verschuldigd (maar niet betaald) zijn door de uitlener. Deze risico's kunnen echter wel worden beperkt. Linda Jansen bespreekt de mogelijkheden daartoe.; (Submitted: 14 December 2009)
Wie is er verantwoordelijk voor legionellapreventie in koeltorens?: Log in required; Wanneer in een gebouw met een koeltoren meerdere partijen betrokken zijn, is het strikte noodzaak dat alle partijen in onderling en gestructureerd overleg tot een duidelijke afstemming van de taken en verantwoordelijkheden ten aanzien van legionellapreventie komen. In dit artikel bespreekt Renate Croes-Hoogendoorn aandachtspunten en verantwoordelijkheden.; (Submitted: 14 December 2009)
Verstrekte vrijstellingen onder de oude Wet op de ruimtelijke ordening waardeloos?: Log in required; Op 1 juli 2008 trad de nieuwe Wet op de ruimtelijke ordening (Wro) in werking. Aan een aantal projecten die in strijd zijn met een bestemmingsplan is vóór 1 juli 2008 een vrijstelling onder de oude Wet op de ruimtelijke ordening (WRO) verleend. Op 22 april 2009 oordeelde de rechtbank Arnhem echter dat het niet mogelijk is om met gebruikmaking van de vrijstelling onder de WRO een bouwvergunning te verlenen als de bouwaanvraag na 30 juni 2008 en dus na inwerkingtreding van de Wro is ingediend.; (Submitted: 14 December 2009)
Financial Markets Litigation - December 2009: Log in required; Recent developments for those interested in litigation, regulatory enforcement and other dispute resolution issues in the financial markets.; (Submitted: 14 December 2009)
Are we in agreement?: Log in required; A recent construction case highlights the danger of proceeding with construction work without being certain under what terms you are operating.; (Submitted: 27 November 2009)
Through the funding agreement not so darkly: disclosure ordered in support of a costs application against a third party: Log in required; The court shows its willingness to lift the lid on correspondence between third parties and solicitors in determining who had control over litigation.; (Submitted: 27 November 2009)
The Financial Services Bill - new collective actions in the financial markets?: Log in required; The government has outlined legislation which would allow consumers to group together to claim damages from financial institutions that have allegedly misled customers over financial products or committed other acts of wrongdoing.; (Submitted: 27 November 2009)
Distilbene case law: what lessons for health product liability?: Log in required; Two recent decisions from the French Supreme Court have an impact on the issue of burden of proof in pharmaceutical product liability cases.; (Submitted: 26 November 2009)
The Dresdner traders case: market abuse in the context of a debt issue: Log in required; On 07 October 2009 the FSA published Final Notices censuring two traders at Dresdner Kleinwort for market abuse in relation to a debt issue (there was no criticism of Dresdner Kleinwort itself). This was a rare foray away from the equity markets for the FSA in its enforcement of the market abuse regime.; (Last reviewed: 24 November 2009; submitted: 14 October 2009)
German Federal Court of Justice on eligibility for arbitration of disputes concerning deficient resolutions: Log in required; The Federal Court of Justice confirmed in its decision of 06 April 2009 that disputes regarding deficiencies of corporate resolutions are eligible for arbitration in the field of limited liability company law.; (Submitted: 23 November 2009)
Privilege - How far can in house lawyers share information with the business?: Log in required; This article examines the extent to which in house lawyers are able to communicate with business in a variety of contexts. It addresses the critical question of when communications will or will not be protected by privilege, both legal advice privilege and litigation privilege.; (Last reviewed: 12 November 2009; submitted: 10 November 2009)
Waiver of privilege in plea deals: A blank cheque that needs to be filled out: Log in required; While the privilege waiver in the Mabey & Johnson settlement is an idea imported from across the Atlantic, it is a blunt instrument that the US Justice Department subsequently refined.; (Last reviewed: 11 November 2009; submitted: 09 November 2009)
The Honest Cartelist: Log in required; A look ahead to the cartel trial of BA executives and the difficulties of proving dishonesty; and whether the Australians have (in common with everyone else outside the UK) avoided a major difficulty in their new cartel legislation.; (Last reviewed: 11 November 2009; submitted: 09 November 2009)
Perpetual - appeal heard 13 October 2009: Log in required; The judgment is likely to be highly relevant to most rated synthetic CDOs, repackagings and other similar structured finance transactions.; (Last reviewed: 06 November 2009; submitted: 13 October 2009)
BGH zur Schiedsfähigkeit von Beschlussmängelstreitigkeiten: Log in required; In seiner Entscheidung vom 6. April 2009 bejahte der BGH die Schiedsfähigkeit von Beschlussmängelstreitigkeiten im Recht der GmbH.; (Submitted: 03 November 2009)
Draft damages directive - off the agenda now: Log in required; Plans to encourage private enforcement of competition law have stalled as the Commission's draft directive on damages for breaches of competition law has been withdrawn.; (Last reviewed: 30 October 2009; submitted: 29 October 2009)
Equitable Life: the continuing battle for compensation: Log in required; Equitable Life has returned to the courts. A policyholder group has challenged a Government decision not to accept recommendations of the Parliamentary Commissioner for Administration.; (Submitted: 29 October 2009)
Jurisdiction disputes in capital markets transactions - further judgment from the English courts: Log in required; Court refuses to grant an anti suit injunction to prevent parallel proceedings.; (Submitted: 29 October 2009)
Mobile phone masts before the courts: Log in required; Judges are ordering the removal of mobile phone masts in France on health grounds.; (Last reviewed: 27 October 2009; submitted: 16 October 2009)
LBIE update: ruling on post administration money received by LBIE: Log in required; Key issues and implication of Mr Justice Briggs' judgment in relation to post administration cash proceeds received by Lehman Brothers International (Europe).; (Submitted: 21 October 2009)
Pfizer’s fine shows the perils, and politics, of employees’ criminal activities: Log in required; Pfizer have paid their fourth fine of the last ten years, to avoid criminal charges by the US authorities.; (Last reviewed: 20 October 2009; submitted: 18 September 2009)
An update on the functioning of market surveillance and RAPEX: Log in required; The Rapid Alert System for non food Consumer Products (RAPEX): the first four years.; (Submitted: 16 October 2009)
Rio Tinto shows that the Chinese Government is serious about combating corruption: Log in required; The recent Rio Tinto arrests are part of a much wider initiative to root out corruption in the PRC.; (Last reviewed: 13 October 2009; submitted: 18 September 2009)
New Consob rules for financial disputes between investors and financial intermediaries: Log in required; Following a spate of recent financial crises, new financial rules have been introduced in Italy in order to offer a more efficient and straightforward way of protecting investors from breaches of information, transparency and fairness rules.; (Submitted: 13 October 2009)
New Italian class action: Log in required; The Italian Parliament recently issued new rules on collective class actions for damages, amending previous regulations (article 140-bis Legislative Decree 206 of 06 September 2005).; (Submitted: 13 October 2009)
Banking Financial Arbitration: Log in required; On 18 June 2009, the Bank of Italy issued new regulations relating to Banking Financial Arbitration, in accordance with Law 262 of 28 December 2005.; (Submitted: 13 October 2009)
Joint Committee of Parliament report on the Draft Bribery Bill: Log in required; The Joint Committee set up by Parliament to scrutinise the Bill has reported on its hearings and recommended some changes.; (Submitted: 18 September 2009)
First decision is given in the Parmalat affair: Log in required; The first judicial decision is given in the criminal prosecutions arising from the Parmalat scandal.; (Submitted: 18 September 2009)
Solicitors need to be careful what undertakings they sign, especially during a conveyance: Log in required; The Court holds that a solicitor cannot escape a standard undertaking to discharge a charge during a conveyance through impossibility where the sum required to discharge is very expensive indeed.; (Last reviewed: 15 September 2009; submitted: 10 September 2009)
SFC Powers: It's getting cold out there: Log in required; This article looks at recent Securities and Futures Commission (SFC) applications (and a Court of Appeal case) involving SFC injunctions to freeze assets of individuals/companies suspected of market misconduct.; (Last reviewed: 11 September 2009; submitted: 03 September 2009)
A recent decision on the disclosure of ATE insurance policies: Log in required; In Barr v Biffa Waste Services [2009] EWHC 1033 (TCC), the Court ordered the disclosure of the claimant's after the event (ATE) insurance policy in contrast to earlier rulings which have held that before the event (BTE) insurance does not have to be disclosed.; (Submitted: 10 September 2009)
Moore Stephens v Stone Rolls Limited: The great escape for auditors?: Log in required; The House of Lords’ recent ruling on the liability of Moore Stephens has left the law on auditor negligence somewhat ambiguous.; (Submitted: 10 September 2009)
Bribery in the UK: The Bill is here!: Log in required; The Bribery Bill is making its way through Parliament, but will it do any good?; (Last reviewed: 03 September 2009; submitted: 08 July 2009)
New world, old trick: Log in required; A judicial review is challenging the power of Legco select committees to summon witnesses. Should the challenge succeed, Legco's committee system is effectively destroyed.; (Submitted: 03 September 2009)
Service of proceedings out of the jurisdiction where England is not the “natural” forum for the dispute: Log in required; The Court of Appeal confirms the English courts’ willingness to permit service out of the jurisdiction where, in the interests of justice, England constitutes the “proper” forum for the dispute.; (Submitted: 01 September 2009)
Arbitration clause - will a final, conclusive and binding award exclude all rights of appeal?: Log in required; Shell v Dana reminds parties to arbitration agreements on whether an intended exclusion from an appeal on a question of law is validly in place.; (Submitted: 28 August 2009)
Hong Kong Arbitration: new legislation on the way: Log in required; The Hong Kong Arbitration Bill abolishes the distinction between domestic and international arbitrations and establishes a unified regime under the UNCITRAL Model Law.; (Submitted: 27 August 2009)
Questioning foreign directors about a corporate judgment debtor's assets - House of Lords decision on CPR Part 71: Log in required; House of Lords hold that CPR 71 does not give the English court the power to compel a foreign director of a corporate judgment debtor to attend court for questioning.; (Last reviewed: 17 August 2009; submitted: 12 August 2009)
International flavoured contracts: free to exclude liability: Log in required; The Court of Appeal readily finds that a contract for the lease of aircraft negotiated, executed and intended to be delivered in the UK is one of international supply and so exempt from unfair terms legislation, enabling full effect to be given to any limitation or exclusion clauses.; (Submitted: 07 August 2009)
FSA fining policy: a new approach: Log in required; A review of the FSA's latest consultation on its enforcement function which examines financial penalties.; (Submitted: 23 July 2009)
Recognition and enforcement of foreign judgments and arbitral awards in India: A post Satyam guide for finance counterparties: Log in required; This article will look at the implications for finance counterparties of the recent decision in Venture Global Engineering v Satyam Computers Services Ltd.; (Submitted: 23 July 2009)
The umbrella firm in the thunderstorm: Log in required; This article assesses the odds of lightning striking an international network of professional firms in the wake of the credit crunch.; (Submitted: 22 July 2009)
The ever closer union of accountancy firms: Log in required; Will the increasingly tight knit international entities being formed by accountancy firms lead to vicarious liability for all for the actions of one; (Submitted: 22 July 2009)
New Century and KPMG: is this the shape of things to come?: Log in required; The claim against KPMG by the liquidators of New Century looks to expand the jurisprudence on the vicarious liability of network firms for the activities of their members; (Submitted: 22 July 2009)
Vicarious professional liability of umbrella firms: the position for insurers: Log in required; Will the network's cover be lost if the member's cover is?; (Submitted: 22 July 2009)
Parmalat and Deloitte: exporting litigation: Log in required; Deloitte US and Deloitte worldwide are unable to dispose of a claim against them for the actions of their Italian member firm. This article also analyses how the network firm may be used to forum shop; (Submitted: 22 July 2009)
Banco Espirito Santo and BDO: the wedding planners: Log in required; The BDO network breathes a sigh of relief as a jury absolves the network of responsibility for the alleged negligence of its subsidiary. But how did the case get so far?; (Submitted: 22 July 2009)
Liability risks in international networks: lessons learned: Log in required; Network and member firms may be able to mitigate the problems of network liability by following six simple principles.; (Submitted: 22 July 2009)
Drafting arbitration clauses for arbitrations conducted in the PRC: tips and traps: Log in required; This article presents a guide to the tips and traps in conducting arbitration clauses in the PRC; (Submitted: 22 July 2009)
A blow for Foxtons as Mr Justice Mann delivers his ruling under the Unfair Terms in Consumer Contracts Regulations 1999: Log in required; On 10 July 2009, the High Court handed down its judgment in OFT v Foxtons Limited, declaring certain terms in Foxtons’ standard letting terms with landlords to be unfair.; (Submitted: 15 July 2009)
Contractual construction: Log in required; Top court reaffirms the approach to interpretation of ambiguous contracts – commercial intention of the parties to be preferred over ordinary literal construction.; (Submitted: 14 July 2009)
Calls for wide ranging changes to the AML and asset recovery regimes in the UK: Log in required; Transparency International publishes a report calling for changes to how the UK combats money laundering.; (Submitted: 09 July 2009)
Senior accounting officers and naming and shaming: Log in required; A potentially unpleasant package in the Finance Bill 2009?; (Submitted: 08 July 2009)
Court gives sentencing guidelines for insider dealing: Log in required; Sentencing has been upheld in the TTP case and professional traders are likely to face steeper sentences in future.; (Submitted: 08 July 2009)
Attenderingen - juli 2009: Log in required; In deze editie de volgende attenderingen: 1) Kabinet blijft bij haar standpunt in procedure NEN-normen, 2) Kabinet stemt in met nieuw ontwerp voor de AMvB Ruimte.; (Submitted: 08 July 2009)
Goed nieuws voor iedere onderneming met debiteuren: Log in required; Bijna iedere onderneming krijgt er - zeker in deze tijden van economische tegenspoed - wel eens mee te maken: de grote verdwijntruc van een besloten vennootschapdebiteur, die zonder aankondiging ontbonden wordt omdat er geen baten meer aanwezig zijn. Dit fenomeen wordt ook wel aangeduid als een “turbo-liquidatie”.; (Submitted: 08 July 2009)
Deeltijd-WW: Log in required; In het kader van het Besluit deeltijd-WW tot behoud van vakkrachten kan de werktijd voor maximaal 50 procent worden verkort onder gelijktijdige vermindering van loon en kan voor de niet gewerkte uren WW worden aangevraagd. Deeltijd-WW is bedoeld om werkgevers, die te maken krijgen met een tijdelijke neergang in de activiteiten, financiële ondersteuning te bieden om de tijdelijke "leegloop" te bekostigen en daarmee vakkrachten te behouden.; (Submitted: 08 July 2009)
Financial Markets Litigation - June 2009: Log in required; Recent developments for those interested in litigation, regulatory enforcement and other dispute resolution issues in the financial markets.; (Submitted: 17 June 2009)
Arden LJ to the rescue of stricken contract: Log in required; Court of Appeal demonstrates its willingness to rescue a badly drafted contract, rather than reinterpret, redraft or render it void.; (Submitted: 15 June 2009)
Covert surveillance and privileged conversations: Log in required; The House of Lords has held that, provided certain stringent conditions are met, the state is entitled to conduct covert surveillance, pursuant to the Regulation of Investigatory Powers Act 2000 (RIPA), of a detainee's consultations with his legal and medical advisers.; (Submitted: 15 June 2009)
Civil litigation costs overhaul - publication of Lord Justice Jackson’s preliminary report: Log in required; A comprehensive review of civil litigation costs could pave the way for an increase in US style class actions in the UK.; (Submitted: 12 June 2009)
Tangent Investments Limited v MF Global UK Limited: Fraud, lies and lost profits: Log in required; On 06 May 2009, Mr Justice Flaux handed down judgment allowing a fraud claim by Rajesh Gill against MF Global UK Limited. Gill has won approximately £20m in damages for loss of trading capital and loss of profits.; (Submitted: 11 June 2009)
Risk litigation - key trends in the UK and internationally: Log in required; At this unique time of global financial crisis, companies and institutions are looking at how best to mitigate risk as the meltdown leads to a call for action by regulators and prosecuting agencies.; (Last reviewed: 09 June 2009; submitted: 17 February 2009)
The importance of being early: Log in required; New case law demonstrates that the introduction, at trial, of fresh expert evidence is not a procedural irregularity if it is not challenged at the time.; (Submitted: 05 June 2009)
Rectification in insurance cases cannot be dealt with summarily: Log in required; Underwriters unsuccessful in attempt to stop themselves from being joined to a professional negligence action against brokers.; (Submitted: 05 June 2009)
Time and tide wait for no one...: Log in required; An ATE insurer was held to have suffered actual loss when the chances of a claim being successful were negligently overrated.; (Submitted: 05 June 2009)
High Court will not let you have your cake and eat it: after a repudiatory breach, the guilty party cannot hide behind exclusion clauses: Log in required; A recent case shows that where a contract is repudiated, exclusion clauses will rarely survive: Internet Broadcasting Corporation and another v MAR LLC (Chancery Division, 24 April 2009).; (Submitted: 05 June 2009)
Levicom v Linklaters: Solicitors' duties in advising clients on litigation: Log in required; Solicitors had been negligent in failing properly to convey their advice to their client but the negligence had not caused any loss.; (Submitted: 28 May 2009)
Officious bystander left out in the cold: Log in required; Privy Council imply a change to the law on implied terms.; (Submitted: 26 May 2009)
A deadline is a deadline: court reluctant to interfere in the exercise of a local authority’s discretion in running invitations to tender: Log in required; While local authorities are under a duty to treat tenders equally, they are permitted a wide discretion in how lenient they may be.; (Submitted: 21 May 2009)
The Rome II Regulation: what you need to know: Log in required; On 21 January 2009 the Rome II Regulation (Reg 864/2007) came into force in all EU Member States with the exception of Denmark. The regulation supersedes the previous English laws regarding torts in private international law.; (Submitted: 19 May 2009)
Consumentenrecht verstevigt greep op financiële wereld: Log in required; Binnenkort wordt naar verwachting de Wet oneerlijke handelspraktijken van kracht. Hierdoor krijgt het consumentenrecht een nog grotere invloed op financiële instellingen.; (Submitted: 12 May 2009)
Nieuwe claimcultuur in de Hollandse polder: Log in required; Belangengroepen voor gedupeerde consumenten schieten als paddenstoelen uit de grond. Toezicht is daarom dringend gewenst.; (Submitted: 12 May 2009)
Kredietcrisis: een advocatenwalhalla?: Log in required; Een korte analyse over de procedurele ontwikkelingen rondom de kredietcrisis in de belangrijkste jurisdicties.; (Submitted: 12 May 2009)
Toxic sofas cause a rash of claims: Log in required; Recent class action could mean product liability becoming the norm in England, with the potential to spread to the wider EU as well.; (Submitted: 07 May 2009)
Limits to non contractual producers' liability in relation to products with defects: Log in required; A recent case in Germany which showed that producers are only liable in tort for faulty products where the product is dangerous.; (Submitted: 07 May 2009)
Damages for mental anguish suffered by patients wearing defective pacemakers: Log in required; This article reports on how the French courts were willing to award damages for the anguish suffered by pacemaker wearers whose devices were faulty and could potentially fail at any moment.; (Submitted: 07 May 2009)
Dutch court denies liability claim issued against British American Tobacco: Log in required; While smoking may kill, the Dutch courts won't award damages to those who did it anyway.; (Submitted: 07 May 2009)
The fault of the injured party as a limit to the manufacturer’s liability: Log in required; This article looks at a number of recent cases in Spain where the manufacturer of a faulty airbag system was able to mitigate damages by proving negligent driving by the claimants.; (Submitted: 07 May 2009)
What about FDA preemption now?: Log in required; A review of the long awaited judgment in the US case Wyeth v Levine which asks what the future holds for the liability of drug manufacturers.; (Submitted: 07 May 2009)
First FSA convictions for insider dealer: the TTP case: Log in required; The FSA's first criminal prosecution for insider dealing resulted in two convictions on 27 March 2009. This is of real significance to the regulator. The FSA's criminal prosecutions work is at the heart of its strategy of credible deterrence.; (Submitted: 21 April 2009)
Kein Haftungsprivileg für fakultative Aufsichtsräte: Log in required; Die Haftung der Mitglieder gesetzlich vorgeschriebener Aufsichtsräte ist im Aktiengesetz explizit geregelt. Eine klare Regelung der Haftung für die Mitglieder fakultativer Aufsichtsräte existiert demgegenüber nicht.; (Submitted: 07 April 2009)
The Civil Justice Reform goes live: Log in required; The Civil Justice Reform (commonly known as the CJR) came into effect on 04 April 2009. The CJR introduces a number of substantial changes that affect not only practitioners, but also parties to litigation. The article highlights the changes introduced by the CJR and what the practical implication are.; (Submitted: 07 April 2009)
A recent decision on CFAs and a review of recent developments in the litigation funding market: Log in required; This article looks at the litigation funding market and the impact of a recent ruling and reports on the launch of a "credit crunch claim" fund.; (Submitted: 30 March 2009)
Barristers negligence and reliance by solicitors on their advice: Log in required; This article explains the extent to which a solicitor is able to rely on the advice of Counsel.; (Submitted: 30 March 2009)
Good news for victims of mortgage fraud on both sides of the court room: Log in required; This article discusses a recent ruling which shows that lenders can claim a wide variety of losses back from fraudulent defendants and shows negligent codefendants that they will not be prejudiced in claiming contributory negligence.; (Submitted: 30 March 2009)
Battle of the forms: yoghurt contract refuses to take on life of its own: Log in required; A recent case shows that the court will not construct a contract from previously agreed terms if the source of those terms insists that the contract must be formalised .; (Submitted: 24 March 2009)
FSA ratchets up supervision and enforcement: Log in required; Hector Sants' speech of 12 March 2009 outlined the FSA's intention to extend its supervisory and enforcement roles considerably beyond previous limits in response to public demand.; (Submitted: 16 March 2009)
Stay of proceedings in creditors' voluntary liquidation?: Log in required; This article highlights the recent decision of the High Court in Shiranne Holdings Limited v New Asia Associates (HK) Limited, Shiranne Holdings Limited v Sky Fox Investment Limited (unreported, HCA 2125/2008, HCA 2126/2008, 06 February 2009, Reyes J) which addressed the circumstances in which the courts will grant a stay of proceedings in respect of companies which are in creditors' voluntary liquidation under the Companies Ordinance.; (Submitted: 13 March 2009)
Nadere invulling inbesteding: Coditel: Log in required; In een vorige nieuwsbrief is aangegeven onder welke omstandigheden een aanbestedende dienst tot inbesteding zou kunnen overgaan. Op 13 november 2008 heeft het Europese Hof van Justitie met een uitspraak nadere invulling gegeven aan de daar geschetste kaders.; (Submitted: 11 March 2009)
Bringing bribery law up to date: Log in required; The Law Commission proposals.; (Submitted: 02 March 2009)
Arbitration and jurisdiction: Changes to the law governing non contractual obligations: Log in required; A review of recent changes on non contractual obligations and developments on anti suit injunctions in support of arbitration agreements.; (Submitted: 02 March 2009)
Court process, access to justice and costs: Log in required; Updates on long trials, class actions contingency fees and third party funding.; (Submitted: 02 March 2009)
Bank charges under review: Office of Fair Trading v Abbey National PLC and others: Log in required; On 26 February 2009, the Court of Appeal handed down judgment in Office of Fair Trading v Abbey National and Others, the test case between seven banks and one building society and the Office of Fair Trading.; (Submitted: 26 February 2009)
Bribery and corruption: a bill with more bite: Log in required; The Law Commission's draft Bill on bribery aims to strengthen UK law and improve its image as a force to be reckoned with in the international fight against fraud.; (Submitted: 25 February 2009)
Fox Hayes: The FSA wins its first trip to the Court of Appeal: Log in required; The FSA's crusade for "credible deterrence" received a fillip on 17 February 2009 when the Court of Appeal handed down its decision in the Fox Hayes financial promotions case.; (Submitted: 20 February 2009)
Pre action disclosure application in Derivatives Dispute: Log in required; The High Court has dismissed an application for pre action disclosure of documents relating to a derivatives transaction.; (Submitted: 20 February 2009)
Does the West Tankers verdict mean choppy waters for London arbitration?: Log in required; The ECJ ruling on anti suit injunctions in West Tankers limits the ability of the English court to grant anti suit injunctions in support of arbitration.; (Submitted: 19 February 2009)
Extradition from the UK to the US, Europe and Russia: do not pass go: Log in required; An update on the increase in extradition activity in the UK and the challenges that are being made.; (Submitted: 17 February 2009)
PRC clampdown on corruption: Log in required; Entities doing business in China should no longer proceed on the traditionally held view that bribery and corruption form an integral part of doing business in China.; (Submitted: 17 February 2009)
Corporate criminal liability in Italy: Log in required; Is the "organisational model" introduced under Italian criminal law as a defence to corporate criminal liability an efficient shelter?; (Submitted: 17 February 2009)
Tax fraud: new trial and sentencing regime: Log in required; Defendants charged in Germany with tax evasion of more than €1m now face imprisonment instead of a suspended sentence.; (Submitted: 17 February 2009)
Tax evasion and money laundering: Log in required; In the Netherlands, companies and their advisers should be aware of a recent judgment extending their liability and money laundering reporting obligations in respect of undeclared income.; (Submitted: 17 February 2009)
New AML Law in France: Log in required; The French Government has implemented the third Anti Money Laundering Directive (AML Directive) into French law, extending reporting obligations and adopting a risk sensitive approach to due diligence measures.; (Submitted: 17 February 2009)
FSA guidance on internal investigation reports: Log in required; The FSA has published a consultation paper (CP 09/5) on obtaining and using firm commissioned reports which proposes to include guidance on this topic in its Enforcement Guide.; (Submitted: 03 February 2009)
Multiple agreements: singularly good news for banks: Log in required; The multiple agreement provisions of the Consumer Credit Act 1974 have become a source of confusion. The county courts had wrongly turned the provisions into a powerful defence against bank enforcement claims. In an important judgment last Thursday, Heath v Southern Pacific Mortgage Limited [2009] EWHC 103 (Ch), the High Court has brought welcome clarity and sense, and greatly curtailed the scope for defences based on these provisions.; (Submitted: 03 February 2009)
Second time unlucky for Cityhook in the Adminstrative Court: Log in required; Closure on administrative grounds is upheld, but the OFT's procedures come in for criticism.; (Submitted: 29 January 2009)
UK Law Commission proposes reforms to the law of bribery: Log in required; The UK Law Commission has proposed a series of reforms to the law of bribery, to replace the patchwork of offences, old and new, which currently make up the law. If enacted, these reforms will bring about much needed changes to the law of bribery.; (Submitted: 27 January 2009)
Transparency International publishes bribery index: Log in required; Transparency International's Bribe Payer's Index ranks 22 leading exporting countries by the tendency of their firms to bribe abroad. It is based on a survey of over 2,742 business executives in 26 countries.; (Submitted: 27 January 2009)
A doc's life: Log in required; The FSA's investigatory powers and, in particular, its powers to require the production of documents and the rights which a firm may invoke to protect its documents.; (Last reviewed: 29 December 2008; submitted: 09 October 2002)
Bias - Human Rights: Log in required; Case summary of Hart v Relentless Records Limited, Chancery Division, Jacob J, 04 October 2002.; (Last reviewed: 29 December 2008; submitted: 15 October 2002)
Conditional fee agreements: Log in required; Case summary of Halloran v Delaney, Court of Appeal, 06 September 2002.; (Last reviewed: 29 December 2008; submitted: 17 September 2002)
Champerty - agreements with experts: Log in required; Case summary of R v Secretary of State for Transport ex parte Factortame, Court of Appeal, 03 July 2002.; (Last reviewed: 29 December 2008; submitted: 08 July 2002)
Confidential Information - Implied and Express Undertakings: Log in required; Case summary of Eronat v Tabbah, Court of Appeal, 10 July 2002; (Last reviewed: 29 December 2008; submitted: 15 July 2002)
Offers to settle - Part 36 - costs: Log in required; Case summary of Mitchell v James, Court of Appeal, 11 July 2002.; (Last reviewed: 29 December 2008; submitted: 22 July 2002)
Pre action disclosure: Log in required; Case summary of Black v Sumitomo Corporation, Court of Appeal, 03 December 2001.; (Last reviewed: 29 December 2008; submitted: 28 January 2002)
Freezing orders: Log in required; Case summary of Bank of China v NBM LLC, Court of Appeal, 18 December 2001.; (Last reviewed: 29 December 2008; submitted: 29 January 2002)
Payments Into Court: Log in required; Case summary of Factortame Limited v Secretary of State for the Environment, Transport and the Regions, Court of Appeal, 28 January 2002.; (Last reviewed: 29 December 2008; submitted: 15 February 2002)
Jurisdiction: Log in required; Case summary of Henderson v Jaouen, Court of Appeal, 01 February 2002.; (Last reviewed: 29 December 2008; submitted: 15 February 2002)
Solicitor's Retainer: Donsland Limited v Nicholas Van Hoogstraten: Log in required; Case summary of Donsland Limited v Nicholas Van Hoogstraten, Court of Appeal, 13 February 2002.; (Last reviewed: 29 December 2008; submitted: 18 February 2002)
Conflict of laws – Anti suit injunctions: Turner v Grovit: Log in required; The House of Lords has provided further guidance on anti suit injunctions.; (Last reviewed: 29 December 2008; submitted: 30 January 2002)
Privilege: Log in required; Case summary of R v Davies, Court of Appeal (Criminal Division), 23 January 2002; (Last reviewed: 29 December 2008; submitted: 08 March 2002)
Conflict of laws: National Westminster Bank Plc v Utrecht-America Finance Co: Log in required; Contractual exclusion of forum non conveniens arguments.; (Last reviewed: 29 December 2008; submitted: 11 July 2001)
Jurisdiction to Alter Judgment: Log in required; The courts' jurisdiction to alter a judgment before perfection of the final order.; (Last reviewed: 29 December 2008; submitted: 13 July 2001)
Directors' duties: CMS Dolphin Limited v Simonet: Log in required; A director will have to account for profits made as a result of appropriating a business opportunity of his former company.; (Last reviewed: 29 December 2008; submitted: 21 June 2001)
Restitution - Estoppel: National Westminster Bank v Somer International (UK) Limited: Log in required; Equity can require a person raising the defence of estoppel by representation to rely upon it only to the extent of any detriment suffered.; (Last reviewed: 29 December 2008; submitted: 30 July 2001)
After the event insurance – conditional fee agreements: Callery v Gray: Log in required; Costs only proceedings can be used to recover on after the event insurance premium. It is reasonable to enter into a conditional fee agreement and to take out after the event insurance before proceedings have been commenced.; (Last reviewed: 29 December 2008; submitted: 30 July 2001)
Expert Witness – Immunity from Suit: Log in required; Case summary of Raiss v Paimano (Queen’s Bench Division, 04 October 2000).; (Last reviewed: 29 December 2008; submitted: 27 August 2001)
Garnishee orders: Log in required; Case summary of Societe Eram Shipping Company Limited v Compagnie Internationale De Navigation (Court of Appeal, 07 August 2001).; (Last reviewed: 29 December 2008; submitted: 27 August 2001)
After the Event Insurance: Callery v Gray: Log in required; Case summary of Callery v Gray (Court of Appeal, 31 July 2001).; (Last reviewed: 29 December 2008; submitted: 27 August 2001)
Guarantees: Log in required; Case summary of Lloyds TSB Bank Plc v Shorney (Court of Appeal, 20 July 2001).; (Last reviewed: 29 December 2008; submitted: 26 September 2001)
Jurisdiction - branch operations: Log in required; Case summary of Anton Durbeck GmbH v Den Norske Bank ASA.; (Last reviewed: 29 December 2008; submitted: 25 February 2003)
Contract: Day Morris Associates v Voyce: Log in required; Case summary of Day Morris Associates v Voyce.; (Last reviewed: 29 December 2008; submitted: 05 March 2003)
Arbitration awards: Hussmann (Europe) Ltd v Ahmed Pharaon: Log in required; Case summary of Hussmann (Europe) Ltd v Ahmed Pharaon (formerly t/a Al Ameen Development & Trade Establishment).; (Last reviewed: 29 December 2008; submitted: 18 March 2003)
Conditional fee agreements – after the event insurance: Sarwar v Alam: Log in required; Case summary of Sarwar v Alam.; (Last reviewed: 29 December 2008; submitted: 21 March 2003)
Defamation - qualified privilege: Log in required; Case summary of Kearns v General Council of the Bar.; (Last reviewed: 29 December 2008; submitted: 25 March 2003)
Conditional fee agreements: Hollins v Russell: Log in required; Case summary of Hollins v Russell and other appeals.; (Last reviewed: 29 December 2008; submitted: 29 May 2003)
Pre action disclosure: Log in required; Case summary of Snowstar Shipping Company Limited v Graig Shipping Plc.; (Last reviewed: 29 December 2008; submitted: 23 June 2003)
Part 36 offers: Log in required; Case summary of Ali Reza-Delta Transport Company Limited v United Arab Shipping Company.; (Last reviewed: 29 December 2008; submitted: 23 June 2003)
Contract – damages: Ministry of Sound (Ireland) Limited v World On-Line Limited: Log in required; Case summary of Ministry of Sound (Ireland) Limited v World On-Line Limited.; (Last reviewed: 29 December 2008; submitted: 25 September 2003)
Letters of request - privilege: Log in required; Case summary of United States of America v Philip Morris Inc.; (Last reviewed: 29 December 2008; submitted: 16 January 2004)
Arbitration - serious irregularity: Torch Offshore LLC v Cable Shipping Inc: Log in required; Before making an application under section 68 of the Arbitration Act 1996 challenging an arbitral award on the ground of serious irregularity the applicant must first have exhausted the remedies available to it under section 57 of the Act. If there is a genuine dispute over whether an arbitrator has considered an issue or not, section 57 can be used to request further reasons.; (Last reviewed: 29 December 2008; submitted: 31 May 2004)
Injunction - conflicts of laws: Turner v Grovit: Log in required; The Brussels Convention precludes the grant of an injunction by which a court in a contracting state prohibits a party to proceedings before it from commencing or continuing legal proceedings before the court of another contracting state, even where that party is acting in bad faith with a view to frustrating the existing proceedings.; (Last reviewed: 29 December 2008; submitted: 31 May 2004)
Injunction - Financial Services Authority: Financial Services Authority v Fitt: Log in required; Under sections 380(3) of FSMA 2000 and 37 of the Supreme Court Act 1981, the court has jurisdiction to make an order freezing the bank accounts of third parties over which an authorised person has power of attorney.; (Last reviewed: 29 December 2008; submitted: 31 May 2004)
After the event insurance – conditional fee agreements: Callery v Gray: Log in required; The House of Lords has upheld the Court of Appeal's decision in Callery v Gray.; (Last reviewed: 28 December 2008; submitted: 01 July 2002)
Springwell continued... a costs sting in the tail for investors making claims: Log in required; In a recent judgment relating to the costs of the JP Morgan Chase Bank v Springwell Navigation Corporation litigation, the English High Court has made it clear that claimant investors who bring speculative and extravagant misselling claims against financial institutions may well be required to pay a high price for having done so.; (Last reviewed: 19 December 2008; submitted: 16 December 2008)
Financial markets litigation - December 2008: Log in required; Recent developments for those interested in litigation, regulatory enforcement and other dispute resolution issues in the financial markets.; (Submitted: 19 December 2008)
Introduction of the European order for payment: Log in required; On 12 December 2008, the regulations on a European payment procedure entered into force in Germany.; (Submitted: 18 December 2008)
Start des Europäischen Zahlungsbefehls: Log in required; Zum 12. Dezember 2008 sind in Deutschland die Vorschriften zum Europäischen Mahnverfahren in Kraft getreten, auf Grund derer nunmehr die Möglichkeit besteht, Forderungen mittels eines so genannten Europäischen Zahlungsbefehles zu realisieren.; (Submitted: 18 December 2008)
Middle Eastern Oil LLC v National Bank of Abu Dhabi: Log in required; National Bank of Abu Dhabi successfully prevents forum shopping attempt in proceedings brought against it by a Middle Eastern oil company.; (Submitted: 09 December 2008)
Insurers recover interest on their costs: Log in required; A costs ruling in a recent negligence case has shown that insurers who have met the costs of a successful defence may recover interest on their costs too.; (Submitted: 14 November 2008)
Hong Kong Monetary Authority Circular on access to tape recordings of telephone conversations: Log in required; The increase in regulatory activity following the collapse of Lehman Brothers has continued apace in recent weeks. This article highlights a recent example, namely HKMA's Circular dated 05 November 2008 setting out the HKMA's views on giving customers access to recordings of telephone conversations.; (Submitted: 14 November 2008)
English court grants bond trustee anti suit injunction against vexatious proceedings in US brought by bondholder: Log in required; In a judgment handed down by the High Court on 12 October 2007, the court granted Law Debenture Trust an anti suit injunction against Vivendi Holding 1 Corp (VH1) in respect of proceedings brought by VH1 in Miami Florida against Law Debenture. The injunction was made final subsequent to judgment.; (Last reviewed: 14 November 2008; submitted: 15 October 2007)
Anti suit injunction in favour of bond trustee confirmed: Log in required; Court of Appeal upholds "no action" clause in bond issue and confirms administrative nature of bond trustees' duties.; (Submitted: 12 November 2008)
European Commission presents green paper on the transparency of debtor assets for the effective enforcement of judgments in the European Union: Log in required; European Commission poses questions on improving the transparency of debtor assets for cross border recovery.; (Submitted: 07 November 2008)
Without proper planning, a reasonable search can be expensive, onerous and time consuming: Log in required; The first reported case on electronic disclosure in England and Wales emphasises the importance of cooperation between parties and a document retention policy that has an eye to the rules on electronic disclosure.; (Submitted: 07 November 2008)
First FSA enforcement fine of a money laundering reporting officer: Log in required; Regulated firms have previously been fined by the FSA for anti money laundering systems and controls failings. This is the first time the FSA has exercised its disciplinary powers to fine the MLRO of a regulated firm.; (Submitted: 31 October 2008)
Freedom of Information Act 2000: Log in required; An analysis of the obligations and exemptions set out in the Freedom of Information Act 2000 (FOI).; (Last reviewed: 16 October 2008; submitted: 30 November 2001)
Lords give floating charges priority over liquidation expenses: Log in required; Case summary of Buchler v Talbot & Stichting Ofasec; (Last reviewed: 16 October 2008; submitted: 09 March 2004)
Landsbanki freezing order: Log in required; On 09 October 2008 the government made an order to freeze funds owned, held or controlled by Landsbanki bank in the UK.; (Submitted: 14 October 2008)
The EC Regulation on Insolvency Proceedings (No. 1346/2000): Log in required; Summary of the EC Regulation on Insolvency Proceedings (no. 1346/2000).; (Last reviewed: 09 October 2008; submitted: 31 May 2002)
Administrator not liable in negligence to creditors: Log in required; Case summary of Oldham v Kyrris; (Last reviewed: 09 October 2008; submitted: 30 November 2003)
The Bank Charges Litigation: Andrew Smith J's second judgment: Log in required; Andrew Smith J has handed down his second judgment in the Bank Charges Litigation, which applies the principles of his first judgment on penalties to the banks' historical terms and conditions.; (Submitted: 08 October 2008)
Does litigation funding equal 'risk free' litigation?: Log in required; This article reviews different ways of funding litigation and examines the risks inherent in each, not only to the client, but also to the funder, solicitor and insurer.; (Submitted: 06 October 2008)
Legal professional privilege in Italy: Log in required; This article gives a brief explanation of the Italian rules on legal professional privilege as they apply to documents held, or created, by in house counsel in Italy and the UK, and whether the jurisdiction of the Italian authorities allows them to demand the production of documents held by in house counsel in the UK.; (Submitted: 03 October 2008)
New Law for Dishonest Trade Practices: Log in required; The new Law for Dishonest Trade Practices is expected to be implemented shortly. This new law will ensure that consumer law has an even larger influence on financial organisations which could have radical consequences.; (Submitted: 02 October 2008)
Arbitration: when the courts can help: Log in required; Arbitration is increasingly important to global business. To be fully effective it needs to be supported by national courts. This article gives an overview of some recent cases that illustrate areas where the court's active support can be important.; (Submitted: 02 October 2008)
Class actions in the UK? A proposed new collective action: Log in required; In July 2008, the Civil Justice Council published a series of recommendations to the Lord Chancellor on "Improving Access to Justice through Collective Actions". The CJC recommended the introduction of a new generic collective action procedure, an opt out system, and the giving to the court of wider powers over such actions.; (Submitted: 01 October 2008)
Negligent advice - when does the cause of action accrue?: Log in required; This article looks at the decision in Shore v Sedgwick Financial Services Ltd where the Court of Appeal considered the issue of when a cause of action accrues in the context of negligent advice. The Court of Appeal recently looked at this same issue in a similar context in Watkins v Jones Maidment Wilson. In both cases, the court found that the relevant causes of action accrued when the claimant either acted on the negligent advice or without the omitted advice.; (Submitted: 01 October 2008)
Surveyors be aware: reasonable care and skill may not be enough: Log in required; This article considers the case of Platform Funding Ltd v Bank of Scotland plc where the Court of Appeal found that the normal retainer of a surveyor to inspect an value a property contains an inherent obligation to inspect and value the right property, such that inspection and valuation of a completely different property is a breach of contract, notwithstanding the surveyor exercising reasonable care and skill.; (Submitted: 01 October 2008)
The litigation funding and legal costs landscape: where it's at: Log in required; This article gives an overview of the most recent developments in the litigation funding and legal costs arena. These developments include the review of the legal costs system, the costs capping consultation, third party funding regulation, the review of "no win no fee" agreements, and the consultation in relation to conditional fee agreements and publication proceedings.; (Submitted: 01 October 2008)
Procedural steps in an ICC arbitration: Log in required; A chart showing the relevant procedural steps that need to be taken in an ICC arbitration.; (Submitted: 26 September 2008)
Time limit for tax paid under mistake of law: Log in required; The House of Lords held in Deutsche Morgan Grenfell v HMRC that a claim for repayment of tax paid under a mistake of law was not subject to the normal six year time limit.; (Last reviewed: 18 September 2008; submitted: 27 October 2006)
Does a solicitor owe a duty to the other side?: Log in required; There is no general duty on a solicitor to point out the mistakes of another party's solicitor. Each situation must be judged in the light of its particular circumstances.; (Last reviewed: 11 September 2008; submitted: 05 February 2007)
Bias: Steadman-Byrne v Amjad: Log in required; The Court of Appeal confirmed that it is unacceptable for a judge to form, or to give the impression of having formed, a firm view in favour of one side's credibility when the other side has not yet called evidence which is intended to impugn it.; (Last reviewed: 11 September 2008; submitted: 18 July 2007)
Costs orders against non parties: Dolphin Quays Developments v Mills: Log in required; Dolphin Quays Developments v Mills concerned an application for a section 51 order against the receivers of the claimant company who were partners in PwC. The underlying dispute was a claim for specific performance of a contract for the purchase of a long lease of a flat that was under construction.; (Last reviewed: 11 September 2008; submitted: 18 July 2007)
Leapfrog appeals to House of Lords: Ceredigion County Council v Jones: Log in required; If the House of Lords grant a conditional grant of leave or a conditional refusal and the prospective appellant is not prepared to meet the conditions, can the appellant withdraw its petition to the House of Lords and continue in the Court of Appeal?; (Last reviewed: 11 September 2008; submitted: 25 May 2007)
Costs estimates: Mastercigars Direct v Withers: Log in required; A reminder of the fact that costs estimates should be kept continually under review.; (Last reviewed: 11 September 2008; submitted: 25 May 2007)
Architects' negligence: Log in required; A look at the case of Pearson Education v Charter Partnership, in which a firm of architects was ordered to pay damages to the tenants of a warehouse for the effects of a flood caused by the negligent design of a rainwater drainage system.; (Last reviewed: 11 September 2008; submitted: 08 May 2007)
Joint experts' statements and mediation: Log in required; A review the case of Aird v Prime Meridian, a case in which the Court of Appeal reviewed the inter relationship between mediation and a joint experts' statement.; (Last reviewed: 11 September 2008; submitted: 08 May 2007)
No special mediation privilege... for the moment: Log in required; This article reports on the decision in Brown v Rice, in which the court looked at the scope and application of the without prejudice rule and the exceptions to it in the context of a mediation.; (Last reviewed: 11 September 2008; submitted: 08 May 2007)
Arbitration agreements withstand human rights attack: Log in required; In a few cases recently, the courts have ridden to the support of arbitration agreements. This article considers two more, dealing with potentially tricky aspects of the European Convention on Human Rights, both heard by the Court of Appeal on 21 March 2007.; (Last reviewed: 11 September 2008; submitted: 05 April 2007)
The Norwich Pharmacal jurisdiction: Campaign Against Arms Trade v BAE Systems: Log in required; CAAT recently successfully applied for Norwich Pharmacal relief against BAE systems following the leak of an email containing privileged legal advice given to CAAT's steering committee.; (Last reviewed: 11 September 2008; submitted: 29 March 2007)
Banks - cheques - conversion: Architects of Wine Limited v Barclays Bank PLC: Log in required; The Court of Appeal has affirmed the principle that a bank's evidence about its practice is, especially if unchallenged, relevant evidence of the current practice of bankers. Although not bound by such evidence, a court will be hesitant to reject it.; (Last reviewed: 11 September 2008; submitted: 22 March 2007)
Champerty and maintenance: Massai Aviation Services v Attorney General: Log in required; The Privy Council has held that a company can assign its interest in a cause of action to its sole shareholder. The assignment was not void for champerty.; (Last reviewed: 11 September 2008; submitted: 22 March 2007)
European Commission consultation on auditors' liability: Log in required; This article dissects the European Commission's consultation on auditor liability reform.; (Last reviewed: 11 September 2008; submitted: 16 March 2007)
Abuse of process: a case study: Log in required; This article looks at the case of Aldi v WSP Group in which Mr Justice Jackson struck out a second claim as an abuse of process, even though the claimant did not make a direct claim against the defendants in the first action.; (Last reviewed: 11 September 2008; submitted: 16 March 2007)
Costs and antisuit injunctions: A v B: Log in required; Where a claimant brings proceedings in the English courts in breach of an arbitration agreement or a jurisdiction clause, legal costs incurred by the innocent party will normally be recovered on an indemnity basis.; (Last reviewed: 11 September 2008; submitted: 12 March 2007)
CPR Part 36 offers to settle - the end of payments into court is nigh: Log in required; With effect from 06 April 2007, any defendant can make a Part 36 offer to settle but no longer has to couple that offer with a payment into court in any circumstances. There is a certain amount of procedure around the new CPR 36, now just called "offers to settle", so this article is only a brief (and by no means comprehensive) summary of the highlights.; (Last reviewed: 11 September 2008; submitted: 01 March 2007)
New York v London and the role of litigation: Log in required; A look at how the differences between litigation and regulation in the UK and the US are contributing to the ascent of London in the financial sector.; (Last reviewed: 11 September 2008; submitted: 27 February 2007)
Record keeping and international disputes: Log in required; A short article on the creation of multijurisdictional document retention policies.; (Last reviewed: 11 September 2008; submitted: 27 February 2007)
Developments and trends in international disputes: Log in required; Covers new arbitration rules in Dubai, ICSID arbitration in Latin America, an ECJ decision on jurisdiction class actions in the US and French rules on transmission of arbitration clauses.; (Last reviewed: 11 September 2008; submitted: 30 July 2007)
Jurisdiction: West Tankers Inc v RAS Riunione Adriatica de Sicurta: Log in required; The House of Lords held that the question of whether a court of a Member State may grant an injunction against a person bound by an arbitration agreement to restrain him from commencing or prosecuting proceedings in breach of the agreement in a court of another Member State which has jurisdiction to entertain the proceedings under the Brussels Regulation, should be referred to the ECJ.; (Last reviewed: 11 September 2008; submitted: 26 February 2007)
CPR Part 6 - Service: Albon v Naza Motors: Log in required; For the purposes of CPR 6.20(5), the words "in respect of a contract" do not require that the claim arises under a contract: it requires only that the claim relates to or is connected with the contract.; (Last reviewed: 11 September 2008; submitted: 13 February 2007)
CPR Part 25 - Injunctions: Fourie v Le Roux: Log in required; The House of Lords has held that without the issue of substantive proceedings or an undertaking to do so, the propriety of the grant of an interlocutory injunction would be hard to defend.; (Last reviewed: 11 September 2008; submitted: 13 February 2007)
CPR Part 35 - Experts: Carruthers v MP Fireworks: Log in required; Application of Vasiliou v Hajigeorgiou - if a party needs the permission of the court to rely on expert witness B in place of expert witness A, the court has power to give permission on the condition that A's report if disclosed to the other party/parties.; (Last reviewed: 11 September 2008; submitted: 13 February 2007)
CPR Part 6 - Service: Behzad Kamali v City & Country Properties: Log in required; A claim form delivered to the defendant's place of business was properly served on the defendant even though he had been abroad when it was delivered.; (Last reviewed: 11 September 2008; submitted: 13 February 2007)
Accountants' disciplinary proceedings: Log in required; The Accountancy Investigation and Discipline Board - the successor to the Joint Disciplinary Scheme - has lost its first case. The judgment, in which PwC was cleared of any wrongdoing in its role as auditor to Mayflower, was highly critical of the way in which the case had been prosecuted.; (Last reviewed: 11 September 2008; submitted: 05 February 2007)
Challenging findings of fact made in disciplinary proceedings in later civil proceedings: Log in required; Professional firms who have become caught up in disputes will sometimes find themselves subject to separate sets of proceedings. In Simms v Conlon & Harris, the court considered to what extent findings of fact made in disciplinary proceedings can be challenged in subsequent civil court proceedings which relate to the same subject matter.; (Last reviewed: 11 September 2008; submitted: 05 February 2007)
Insurers and costs: Log in required; In a case that may cause concern for professional indemnity insurers, a TCC judge has ordered a defendant's insurers to pay a proportion of the claimant's costs, even though those insurers had reached the limit of their liability. In situations where this case may have an impact, insurers should consider various steps to try and protect themselves from costs.; (Last reviewed: 11 September 2008; submitted: 05 February 2007)
Part 3 – Court's Case Management Powers: Olafsson v Gissurarson: Log in required; The court cannot use CPR 3.10 to cure a defect in the service of a claim form out of the jurisdiction.; (Last reviewed: 11 September 2008; submitted: 17 January 2007)
Costs - Civil Procedure Rule 44: Ultraframe v Fielding: Log in required; In Ultraframe v Fielding, the Court of Appeal gave guidance on the correct approach to costs where a winning party has, on the way to success, behaved in a dishonest manner.; (Last reviewed: 11 September 2008; submitted: 15 January 2007)
CPR 3 - Courts general case management powers: Socimer International v Standard Bank: Log in required; In the absence of express agreement, interest should generally be payable from the date the cause of action for the relevant payment arose because it is from and after that date that the claimant has been kept out of his money.; (Last reviewed: 11 September 2008; submitted: 15 January 2007)
Expert evidence: Stallwood v David: Log in required; If, following a discussion betwen experts, a party's expert changes his view with potentially adverse consequences for the case, the dissatisfied party can, in rare cases, obtain permission to rely on another expert.; (Last reviewed: 11 September 2008; submitted: 03 November 2006)
UAE joins the New York Convention: Log in required; Briefing on the accession by the United Arab Emirates to the New York Convention, including implications for those doing business there or dealing with UAE companies.; (Last reviewed: 10 September 2008; submitted: 30 October 2006)
Extensions of time: Thomas v The Home Office: Log in required; Parties can agree an extension of time for service of a claim form outside the period specified in CPR 7.5.; (Last reviewed: 10 September 2008; submitted: 03 November 2006)
Bringing claims: Barnes v St Helens Metropolitan BC: Log in required; A claim is "brought" for the purposes of the Limitation Act when the claimants' request for the issue of a Claim Form (together with the court fee) is delivered to the court office.; (Last reviewed: 10 September 2008; submitted: 03 November 2006)
The dangers of being dynamic: Log in required; Most solicitors like to think that they are dynamic lawyers to whom clients turn for their commercial acumen, as well as legal skills. Two recent cases, somewhat paradoxically, highlight the potential perils of adopting such a role.; (Last reviewed: 10 September 2008; submitted: 22 August 2006)
Costs - an order for costs against a third party: Log in required; In Total Spares and Supplies Ltd v Antares the court made a third party costs order against a third party, even though there was no causal link between the actions of the third party and the costs incurred. Although the court stressed that an order for costs against a third party is exceptional, this relaxation may well lead to an increase in this type of application being made.; (Last reviewed: 10 September 2008; submitted: 24 July 2006)
Law Society v Sephton & Co: Log in required; Accountants - limitation - the Court of Appeal's decision in Law Society v Sephton & Co has been upheld by the House of Lords.; (Last reviewed: 10 September 2008; submitted: 08 June 2006)
West Tankers - the Advocate General's opinion: Log in required; The Advocate General's opinion in the West Tankers case has been released. It came as no surprise to most that the conclusion reached was that the Brussels Regulation precluded a court of a Member State from granting an anti suit injunction to restrain proceedings in another Member State in purported breach of an arbitration agreement.; (Submitted: 09 September 2008)
No freezing injunctions in support of ICSID arbitration: Log in required; The Court of Appeal has confirmed that an English court does not have jurisdiction to grant freezing orders over English assets in support of either: (i) foreign proceedings which are not substantive proceedings; or (ii) ICSID arbitrations: ETI Euro Telecom International NV v Republic of Bolivia [2008] EWCA Civ 880.; (Submitted: 09 September 2008)
New DIFC Arbitration Law: widening the scope: Log in required; On 01 September 2008 the new Dubai International Financial Centre Arbitration Law was enacted. It replaces the previous DIFC Arbitration Law which was enacted in 2004. The seminal difference between the laws is that the 2004 Arbitration Law only applied to disputes and parties that were connected with the DIFC, but the new Arbitration Law allows any arbitration case to be heard in the DIFC.; (Submitted: 09 September 2008)
No sovereign immunity in enforcing arbitral award: Log in required; The High Court recently ruled that the Republic of Chad was not protected by sovereign immunity in ordering a Third Party Debt Order in respect of monies held by Citibank for Chad. The order was made to enforce the claimant's unpaid ICC arbitration award against Chad: Orascom Telecom Holding SAE v The Republic of Chad.; (Submitted: 09 September 2008)
Juridical seat of arbitration: Log in required; Case summary of Dubai Islamic Bank PJSC (Commercial Court, 27 October 2000).; (Last reviewed: 09 September 2008; submitted: 26 May 2006)
Barker v Corus (UK) Limited: Log in required; Causation and the attribution of liability: The House of Lords has clarified the circumstances in which the principle set out in Fairchild v Glenhaven should operate to impose liability on defendants.; (Last reviewed: 09 September 2008; submitted: 12 May 2006)
Enforcement of foreign arbitral awards - state immunity: Log in required; Case summary of Svenska Petroleum Exploration AB v Government of the Republic of Lithuania and another.; (Last reviewed: 09 September 2008; submitted: 28 November 2005)
Collier v Williams: Log in required; Part 6 of the Civil Procedure Rules - Service.; (Last reviewed: 08 September 2008; submitted: 10 March 2006)
Arbitration - appearance of bias - setting aside award: Log in required; Case summary of ASM Shipping Ltd of India and TTMI Ltd of England.; (Last reviewed: 08 September 2008; submitted: 27 March 2006)
Arbitration – service by email: Log in required; An application by the defendant to set aside an arbitral award on the basis at the arbitration was purportedly commenced by email but was not effectively served: Bernuth Lines v High Seas Shipping.; (Last reviewed: 08 September 2008; submitted: 27 March 2006)
London Helicopters Limited v Heliportugal LDA-INAC: Log in required; Conflict of laws - where the claim is in tort, Article 5(3) of the Brussels Regulation provides that a defendant in one Member State may be sued in another Member State in the courts "for the place where the harmful event occurred or may occur".; (Last reviewed: 08 September 2008; submitted: 21 March 2006)
Cross border insolvency: Remitting English assets to overseas liquidators: Log in required; A summary of the House of Lords' decision in McGrath v Riddell; (Last reviewed: 08 September 2008; submitted: 28 May 2008)
Part 36 offers: Does the end justify the means?: Log in required; The changes to Part 36, in relation to offers to settle, has made a significant impact, as shown in Carver v BAA plc (Court of Appeal, 22 April 2008). The court, in assessing costs, will now look at more than just the quantum awarded in deciding whether a judgment is "more advantageous" than an offer.; (Last reviewed: 08 September 2008; submitted: 16 May 2008)
Should we be worried? Liability risks in international networks: Log in required; The increasing integration of global networks, including the recent Ernst & Young merger, throws up questions of liability risks within the networks. This article looks at the circumstances in which a court will extend the liability of a subsidiary to a parent company, or "pierce the corporate veil", in light of the shift towards the merging of firms within international networks.; (Last reviewed: 08 September 2008; submitted: 16 May 2008)
Injunction for payment - an international perspective: Log in required; This article gives an overview of the fastest and most cost efficient way to get monies back when dealing with credit collection problems.; (Last reviewed: 08 September 2008; submitted: 08 May 2008)
Masri: Receivership orders and foreign debts: Log in required; In this case, the court of appeal held that the judgment debtor was entitled, as a matter of English law, to obtain an order appointing a receiver in relation to assets held abroad.; (Last reviewed: 08 September 2008; submitted: 06 May 2008)
Comment: Is the credit crunch coming to court?: Log in required; An interview with Jonathan Kelly, Head of Financial Markets Litigation, Simmons & Simmons, about litigation arising from the credit crunch.; (Last reviewed: 08 September 2008; submitted: 29 April 2008)
Third party litigation funding: Log in required; A comparison of the funding of litigation by third parties and other funding arrangements, and the extent to which each is used in different countries.; (Last reviewed: 08 September 2008; submitted: 29 April 2008)
Developments and trends in international disputes: Log in required; This article looks at developments in arbitration (England and Hong Kong), freezing assets (Singapore) and US corporate crime investigations.; (Last reviewed: 08 September 2008; submitted: 27 February 2007)
Corporate manslaughter: 'controlling mind' obstacle removed: Log in required; This article looks at the new criminal offences of corporate manslaughter in England, Wales and Northern Ireland, and a new offence of corporate homicide in Scotland created by The Corporate Manslaughter and Corporate Homicide Act 2007, which came into force on 06 April 2008 after a long and troubled gestation.; (Last reviewed: 08 September 2008; submitted: 21 April 2008)
The final hurdle: costs and the Seventh Earl of Malmesbury: Log in required; Damages awarded totalled just over £900,000, in a claim for around £100m. Costs were estimated at almost £5.4m. This article considers Mr Justice Jack's costs decision in this case, in which he provided a useful overview of the impact of the parties' conduct on the court’s discretion as to costs.; (Last reviewed: 08 September 2008; submitted: 18 April 2008)
A quantum decision - future payments, discount rates and risk: Log in required; This article considers the decision of Mr Justice Jack in The Seventh Earl of Malmesbury v Strutt & Parker on 10 December 2007, in which the court assessed damages by reference to future payments under car park leases near Bournemouth International Airport.; (Last reviewed: 08 September 2008; submitted: 03 March 2008)
International dispute resolution: Log in required; Some considerations and issues.; (Last reviewed: 08 September 2008; submitted: 11 October 2005)
The Product Safety Regime. Are you a supplier? Are you aware?: Log in required; Overview of general Product Safety Regulations 2005, which came into force on 01 October 2005.; (Last reviewed: 08 September 2008; submitted: 09 December 2005)
Three Rivers: six out of ten?: Log in required; The House of Lords' decision in Three Rivers came out, after a long wait,last on 11 November 2004. Whilst overall it represents a significant improvement over two prior Court of Appeal decisions, it nonetheless contains disappointing elements, as well as an unexpected warning about possible future developments.; (Last reviewed: 05 September 2008; submitted: 16 November 2004)
Obtaining evidence within the EU: Log in required; A summary of EC regulation (No. 1206/2001) on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.; (Last reviewed: 05 September 2008; submitted: 25 August 2004)
Three Rivers cases: Log in required; Index of cases arising from the collapse of BCCI.; (Last reviewed: 05 September 2008; submitted: 16 April 2004)
Three Rivers: Identifying the scope of advice privilege: Log in required; An article exploring the consequences of the Court of Appeal's decision in Three Rivers v BCCI (No. 10).; (Last reviewed: 05 September 2008; submitted: 31 March 2004)
Morgan Grenfell: The final word: Log in required; A comment on the House of Lords' decision in Morgan Grenfell.; (Last reviewed: 05 September 2008; submitted: 28 May 2002)
Legal advice privilege: Log in required; Case summary of Three Rivers Council v Governor and Company of the Bank of England (No. 7).; (Last reviewed: 05 September 2008; submitted: 09 January 2003)
Conflicts of interest: Log in required; Case summary of Marks & Spencer Group Plc v Freshfields.; (Last reviewed: 05 September 2008; submitted: 30 June 2004)
I want to assign a cause of action - can I do it?: Log in required; In most cases the modern law will permit assignment of a bare cause of action. However, such assignments may constitute maintenance or champerty which is contrary to English public policy. This summary describes what is valid and highlights when alarm bells should start ringing.; (Last reviewed: 05 September 2008; submitted: 14 July 2000)
Introduction to the Access to Justice Act 1999: Log in required; Summary of the Access to Justice Act 1999 as it relates to the commercial sector.; (Last reviewed: 05 September 2008; submitted: 09 March 2001)
Pre action protocol for professional negligence: Log in required; A summary of the main features of the pre action protocol relating to professional negligence claims.; (Last reviewed: 05 September 2008; submitted: 22 October 2001)
Language matters (Hong Kong): Log in required; Both English and Chinese are official judicial languages in Hong Kong. English, however, remains the dominant language of legal legal proceedings in the higher courts.; (Last reviewed: 05 September 2008; submitted: 30 June 2001)
Obtaining evidence in the UK for the benefit of proceedings outside the EU: Log in required; Taking evidence in the United Kingdom on behalf of courts and tribunals outside the EU.; (Last reviewed: 05 September 2008; submitted: 15 February 2002)
A new UK 'class action'?: Log in required; The CJC published, in July 2008, a series of recommendations to the Lord Chancellor on "Improving Access to Justice through Collective Actions". The CJC recommended the introduction of a new generic collective action procedure which would apply to all civil claims.; (Submitted: 04 September 2008)
The scope of the English court's enforcement jurisdiction and CPR 71: Log in required; The English Court of Appeal determines that foreign directors can be compelled to attend court for questioning about a judgment debtor company's assets under CPR Part 71.; (Submitted: 22 August 2008)
Community litigation: is there no end?: Log in required; The ECJ has held that a claim for damages may be brought against a member state where domestic courts fail to give effect to Community rights: Köbler; (Last reviewed: 21 August 2008; submitted: 25 November 2003)
To Russia without love: service of proceedings out of jurisdiction where England is not the natural forum: Log in required; The two pronged test for obtaining leave to serve proceedings out of the jurisdiction, pursuant to Civil Procedure Rules 6.20 and 6.21, includes a requirement that the claimant adduce evidence that England constitutes the proper forum for the resolution of the dispute. England will be the “proper forum” where a connection to England exists and it appears to the court that there is a significant risk that justice will not be done in the natural forum for the dispute.; (Submitted: 20 August 2008)
Proportionate liability under the microscope: Log in required; This article discusses the concept of proportionate liability in the context of auditor’s liability limitation agreements in the Companies Act 2006. In particular, it looks at the common law and Companies Act positions on liability, the FRC Guidance, the FRC specimen terms, and a court’s likely construction of those terms.; (Submitted: 20 August 2008)
Going behind an affidavit claiming litigation privilege: Log in required; This article considers another issue arising out of the Buncefield litigation: whether the court can go behind an affidavit sworn by a person claiming litigation privilege, and, if so, in what circumstances and by what means.; (Submitted: 20 August 2008)
Tax adviser called by Customs to give evidence in client's case: Log in required; Customs right to call taxpayer's tax advisor as a witness in a VAT appeal is upheld.; (Last reviewed: 18 August 2008; submitted: 31 May 2002)
Revenue powers do not override legal privilege: Log in required; The House of Lords determines that the Revenue's powers under TMA 1970 section 20(1) do not override legal professional privilege.; (Last reviewed: 13 August 2008; submitted: 27 May 2002)
Recent developments in litigation funding: Log in required; The Criminal Law Act 1967 abolished the crimes and torts of maintenance and champerty, but preserved the rule that contracts may be treated as contrary to public policy on maintenance and champerty grounds. There are, however, signs that the government, and the courts, may be becoming more open to the funding of litigation by third parties and that traditional public policy objections may be falling away.; (Last reviewed: 05 August 2008; submitted: 09 November 2007)
Fraud Act 2006 and the privilege against self incrimination: Log in required; A small but potentially significant provision in the Fraud Act has diminished the privilege against self incrimination, making civil recoveries easier and exposing defendants in civil fraud cases to a greater risk of criminal investigation.; (Last reviewed: 23 July 2008; submitted: 25 April 2007)
Improper market behaviour: Log in required; The type of behaviour which falls foul of the regulations in the Financial Services and Markets Act 2000 and the Financial Services Authority's powers to investigate.; (Last reviewed: 23 July 2008; submitted: 25 April 2007)
Insider dealing: the size of the problem: Log in required; The results of the 2007 Financial Services Authority study.; (Last reviewed: 23 July 2008; submitted: 25 April 2007)
Extradition - fraud - judicial review: Log in required; A case summary of R (Bermingham and Others) v Director of the SFO; Bermingham and Others v Government of the USA.; (Last reviewed: 23 July 2008; submitted: 21 March 2006)
Review of the NatWest Three and Norris US extradition cases: Log in required; Review and commentary on the High Court rulings in the high profile US extradition cases on the NatWest Three (Bermingham and others) and Norris.; (Last reviewed: 23 July 2008; submitted: 28 February 2006)
The Serious Crime Bill: introducing corporate ASBOs: Log in required; If the Serious Crime bill passes into law in its current form, the resulting Act will create a significant new layer of business risk and could compel employers to monitor their employees' activities more closely. It will become extremely difficult for businesses to balance the legitimate right of protecting themselves from fraud and sanction with the need to comply with legislation designed to protect the privacy of their employees.; (Last reviewed: 22 July 2008; submitted: 14 August 2007)
Auditor liability limitation agreements: new FRC guidance and EC recommendation: Log in required; The much awaited FRC guidance on auditor liability limitation agreements has been issued, notably including some further reasons why a director might conclude it was appropriate to enter into a liability limitation agreement. The relevant Companies Act provisions also accord with the newly released EC recommendation on the same.; (Submitted: 08 July 2008)
Using deleted words in interpreting a contract: Log in required; In Mopani Copper Mines plc v Millenium Underwriting Ltd, the court found that it was permissible to have regard to the deleted words in a reinsurance policy, to establish what the parties had agreed was yet to be agreed, namely, whether it had yet been agreed that the policy included cover for operational risks.; (Submitted: 08 July 2008)
Recovery barred where claim based on own fraudulent conduct: Log in required; In Moore Stephens (a firm) v Stone & Rolls Ltd (in liq) the Court of Appeal struck out Stone & Rolls' claim against Moore Stephens, on the basis that it was barred by the public policy principle expressed in the maxim ex turpi causa non oritur actio (a cause of action may not be founded on an illegal or immoral act).; (Submitted: 08 July 2008)
'Deepening insolvency' recognised in US as head of damage: Log in required; The Commonwealth Court of Pennsylvania has ruled that “deepening insolvency” is not an independent cause of action, but can be pursued as a head of damage for a professional negligence claim against Deloitte. Deepening insolvency is a theory in US law which has not yet been recognised in the UK.; (Submitted: 08 July 2008)
A commentary on the Civil Procedure Rules: Log in required; A commentary providing a summary of the CPR and highlighting the court's expectation of the parties' behaviour.; (Last reviewed: 07 July 2008; submitted: 13 October 2000)
The Financial Ombudsman Service is not required to apply English law: Log in required; In determining complaints referred to it under its compulsory jurisdiction under FSMA 2000, the Financial Ombudsman Service (FOS) is not required to apply the common law of England & Wales. Instead, a complaint referred to FOS is to be determined by reference to what is, in the opinion of the ombudsman, fair and reasonable in the circumstances of the case.; (Submitted: 04 July 2008)
Financial Markets Litigation - June 2008: Log in required; Recent developments for those interested in litigation, regulatory enforcement and other dispute resolution issues in the financial markets.; (Submitted: 27 June 2008)
A UK class action? HFC Bank targeted over insurance misselling: Log in required; A discussion of the planned UK "class action" by consumers against HFC Bank, an HSBC subsidiary, for alleged misselling of payment protection insurance (PPI), in particular, the means by which UK law can support "class actions".; (Submitted: 25 June 2008)
Jurisdiction to grant anti suit injunction against foreign judgment debtors: Log in required; An anti suit injunction is not a separate claim or cause of action requiring its own basis of jurisdiction (under the Brussels I Regulation or CPR 6.2), but is ancillary and incidental to the existing proceedings (except where the anti suit injunction is sought on the basis of a contractual right). In addition, it is consistent with principle for an English court to restrain relitigation abroad of a claim which has already been the subject of an English judgment.; (Submitted: 19 June 2008)
Disclosure of insurance cover: Log in required; This article considers an interim judgment refusing the application by the oil company, Total UK Ltd, for disclosure of the insurance cover of an opponent in the Buncefield litigation. The decision in Harcourt (2007), where a party was ordered to disclose its insurance arrangements, was distinguished.; (Submitted: 13 June 2008)
JP Morgan Chase Bank v Springwell Navigation Corporation: A shot in the arm for defendant banks - a shot across the bows for claimant investors: Log in required; The High Court has circulated a final approved judgment which is of significance to all participants in the financial markets, particularly in the current climate where investors are scrutinising potential litigation claims against banks very closely.; (Submitted: 13 June 2008)
Limitation of actions for negligent advice: Log in required; Watkins v Jones Maidment Wilson (Court of Appeal, 04 March 2008) concerned the date on which a cause of action in respect of negligent advice about entering into a transaction accrues – whether at the time of entry into the agreement or at a later point.; (Submitted: 13 June 2008)
Without prejudice: will your mediation be confidential?: Log in required; A defendant was not entitled to disclosure of documents arising out of two mediations in which the claimant and a third party were involved, where the third party opposed the disclosure: Cumbria Waste Management Ltd v Baines Wilson (a firm).; (Submitted: 13 June 2008)
Court’s discretion in relation to success fees: Log in required; The court has no discretion in relation to the payment of a solicitors' success fees by the losing party pursuant to the predictable costs regime for road traffic cases, even where the claimant has before the event insurance cover: Kilby v Gawith.; (Submitted: 13 June 2008)
Enforceability of independent expert decisions: Log in required; There was no requirement for the rules of natural justice or due process to be followed in an expert determination for it to be valid and binding between the parties. Where the determination was within the scope of the dispute, it was binding and enforceable even if it was wrong: Owen Pell Ltd v Bindi (London) Ltd.; (Submitted: 13 June 2008)
Thinc Group fined £900,000 for record keeping failings in sub prime market: Log in required; The FSA has imposed a fine of £900,000 on Thinc Group Limited, one of the largest Independent Financial Advisors in the UK and a wholly owned subsidiary of AXA UK PLC, in relation to flaws in record keeping and oversight when advising on sub prime mortgage products.; (Submitted: 30 May 2008)
FSA enforcement insider: Log in required; FSA's review of its enforcement procedures coincides with a push for increased transparency of enforcement activity.; (Submitted: 30 May 2008)
Court of Appeal decision in Whistlejacket SIV creditor priority case: Log in required; The Court of Appeal has overturned important parts of the recent High Court judgment in relation to the priority of creditors of Whistlejacket, the SIV now in receivership.; (Submitted: 27 May 2008)
Experts: Civil Justice Council committee reviews CPR 35: Log in required; A look at the CJC Experts' Committee's review of CPR 35, which includes their recommendations on single joint experts, questions to experts, and enforcement following non compliance with the relevant rules relating to experts.; (Submitted: 16 May 2008)
Italy opens its door to class actions: Log in required; Collective redress will be available to consumers in Italy from 01 July 2008, as the Finance Bill 2008 introduces a new provision allowing collective action into the already existing Consumer Code.; (Submitted: 12 May 2008)
Pledging of shares for personal loans – to disclose or not?: Log in required; This article looks at the demise of Oasis and the issue of public disclosure.; (Submitted: 08 May 2008)
Market abuse – the criminal edge of financial regulation: Log in required; Market Watch 26, published on 29 April 2008 by the FSA, announces disappointing statistics for the FSA and the market in terms of market cleanliness.; (Submitted: 01 May 2008)
BA/Virgin Class action update – a step further towards settlement: Log in required; Provisional approval of the settlement in the Virgin/BA class action has been granted.; (Submitted: 01 May 2008)
Developments and trends in international disputes: Log in required; Covering price fixing decisions, new class actions laws in Italy, the EU white paper on competition damages actions, the EU directive on mediation, the Dubai international arbitration centre, case updates and some developments in international arbitration.; (Submitted: 29 April 2008)
Postcard from London: Privilege in the 21st Century: Log in required; This presentation includes: a refresher on the relevant rules, the position of in house counsel, consideration of a situation involving potential litigation accompanied by a regulatory investigation and discussion of steps to protect and maintain privilege.; (Submitted: 18 April 2008)
Bermuda Form Arbitration Clauses – C v D: Log in required; New York courts have no right of review of a London arbitration award where the Bermuda Form arbitration clause is used.; (Submitted: 09 April 2008)
Ian Norris survives to fight another day: Log in required; The House of Lords has settled the controversy concerning when a cartel might constitute conspiracy to defraud. Its decision in Norris v United States of America & ors has shielded Mr Ian Norris, the ex CEO of Morgan Crucible, from extradition to face a price fixing charge.; (Submitted: 05 April 2008)
Rogue trader: the aftershocks and the role of criminal law: Log in required; On 24 January 2008, French bank Société Générale (SocGen) revealed it was facing losses of €4.9bn as the result of the activities of a rogue trader. The news was terrible and shocking, but not exactly a surprise.; (Submitted: 20 March 2008)
Class Actions – recent developments: Log in required; Around one in six new class actions filings are against biotechnology and pharmaceutical companies.; (Submitted: 19 February 2008)
Failure to counter financial crime: Norwich Union Life: Log in required; In December 2007, the Financial Services Authority (FSA) imposed a fine of £1.26m on Norwich Union Life (part of the Aviva Group), one of the largest life insurance businesses in the UK with around seven million customers. The fine related to failures to take reasonable care to establish and maintain effective systems and controls for countering the risks of financial crime.; (Submitted: 05 February 2008)
Une Caisse d’assurance maladie déboutée de ses demandes d’indemnisation à l’encontre des industriels du tabac: Log in required; La cour d'appel de Rennes a mis fin au premier contentieux introduit en France à l'encontre d’un fabricant de tabac au nom de maladies qui auraient affecté un groupe de fumeurs non dénommés. Elle a en effet, par arrêt devenu définitif, débouté une caisse d’assurance maladie de ses demandes en ce sens. L'analyse de cette décision conduit à s'interroger sur les perspectives envisageables en matière de responsabilité liée au tabagisme.; (Submitted: 16 January 2008)
Financial Markets Litigation - December 2007: Log in required; Recent developments for those interested in litigation, regulatory enforcement and other dispute resolution issues in the financial markets.; (Submitted: 13 December 2007)
Important changes to Commercial Court Case Management: Log in required; The recently published recommendations of the "Commercial Court Long Trials Working Party" are highly relevant and important for all lawyers responsible for the conduct of litigation in the Commercial Court.; (Submitted: 12 December 2007)
Insurance & Reinsurance - December 2007: Log in required; Recent developments of interest to those concerned with the regulation of the insurance market and the resolution of insurance and reinsurance disputes.; (Submitted: 10 December 2007)
Guarantees - Van der Merwe v IIG Capital LLC: Log in required; In the case of a guarantee entered into outside a banking context, there was a strong presumption against giving the words "on demand" the effect of creating an independent primary obligation.; (Submitted: 07 December 2007)
Freezing injunctions - R (on the application of Revenue and Customs Prosecution Office) v Lloyd's TSB: Log in required; Where a bank had moved funds subject to a restraining order from the account specified in the order to an interest bearing account without notice, it was guilty of contempt.; (Submitted: 07 December 2007)
Claims cooperation clauses - AIG Europe (Ireland) Limited v Faraday Capital Limited: Log in required; A sharp fall in a company's share price following an adverse announcement was a "loss which may give rise to a claim" within the meaning of the claims cooperation clause in this case.; (Submitted: 07 December 2007)
Arbitration clauses - Fiona Trust v FILI Shipping Company Limited: Log in required; There will, from now on, be a strong presumption that where an agreement contains an arbitration clause, commercial parties intend any dispute arising out of that relationship to be decided by the arbitrator.; (Submitted: 07 December 2007)
Misrepresentation - Renault UK Limited v FleetPro Technical Services Limited: Log in required; A fraudulent misrepresentation could be made to a machine acting on behalf of a person.; (Submitted: 07 December 2007)
Damages - Transfield Shipping Inc v Mercator Shipping Inc: Log in required; The Court of Appeal has reviewed the rules relating to remoteness of damage.; (Submitted: 07 December 2007)
Moves across Europe to facilitate class actions continue apace: Log in required; Summarising activity in the Netherlands, Germany, Austria, France and the UK.; (Submitted: 15 November 2007)
Gater Assets Limited v Nak Naftogaz Ukrainiy: Log in required; An award debtor under a New York Convention arbitration award was declined security for costs in relation to the application by the award creditor to enforce the award in the English courts; the issue of whether the court would ever have jurisdiction to order costs was not resolved finally.; (Submitted: 09 November 2007)
In house lawyers - underprivileged in EC law: the CFI judgment in Akzo Nobel: Log in required; In a judgment disappointing to in house lawyers, the long awaited judgment in the Akzo Nobel case has continued to deny privilege under EC law to communications made between in house counsel and their commercial colleagues.; (Submitted: 28 September 2007)
UK Court of Appeal gives guidance on injunctions in patent cases: Log in required; The English Court of Appeal clarified guidance as to when leave to appeal should be granted in complicated patent cases.; (Submitted: 12 September 2007)
Certainty of oral trading: Log in required; The High Court held in July 2007 that the market practice of agreeing trades over the telephone creates a binding contract even though the documentation for the trade is to follow and even though the detailed terms to apply to the trade have not been agreed. The decision represents judicial acceptance of market practice in a modern trading context and recognition by the High Court of the desirability of market certainty where parties trade orally.; (Submitted: 07 September 2007)
A guide to mediation: Log in required; As the use of alternative dispute resolution increases around the world we provide an overview of mediation and consider its potential for disputes in the life sciences sector.; (Submitted: 07 August 2007)
Safe landing on air carriers insolvency in Italy: the three safety rules: Log in required; This article highlights potential risks for financial institutions and asset management companies when dealing with air carriers which may face a financial crisis in Italy and how to either avoid or minimise the impact of such risks.; (Submitted: 02 August 2007)
Cross border insolvency and forum shopping after Eurofoods: Log in required; An analysis of the Eurofoods judgment which solves many of the problems of forum shopping and jurisdictional conflict under the provisions of the EU Insolvency Regulation in relation to cross border insolvencies.; (Submitted: 30 July 2007)
See you in court, Mr President: Log in required; An article looking at the trend in suing retired political leaders.; (Submitted: 30 July 2007)
Financial Markets Litigation - July 2007: Log in required; Recent developments for those interested in litigation, regulatory enforcement and other dispute resolution issues in the financial markets.; (Submitted: 19 July 2007)
Part 40 – draft judgments: Crown Prosecution Service v P: Log in required; Lady Justice Smith made some observations about the practice to be followed by counsel and solicitors in the period between their obtaining a judgment in draft form and the date on which it is handed down, pursuant to Practice Direction E to CPR 40.; (Submitted: 18 July 2007)
Substitution of parties: Adelson v Associated Newspapers: Log in required; The Court of Appeal attempted to clarify a "difficult area of procedural law", namely that relating to the substitution of a new party for a party named in mistake after the expiry of the relevant limitation period.; (Submitted: 18 July 2007)
Part 36: Jones v Associated Newspapers: Log in required; The claimant, Martyn Jones MP, was awarded £5000 by way of damages for defamation against a Sunday newspaper. The question for the judge was whether that award was "at least as advantageous" to Mr Jones as an offer that he had made to settle the case some 11 months before trial for £4,999 plus an apology.; (Submitted: 18 July 2007)
Insurance & Reinsurance - July 2007: Log in required; Recent developments of interest to those concerned with the regulation of the insurance market and the resolution of insurance and reinsurance disputes.; (Submitted: 13 July 2007)
Simmons & Simmons acts for Law Debenture in successfully obtaining a court order for distribution of €510m Eurobond issue: Log in required; As the influence of bondholders grows so do the pressures on corporate trustees of bonds to manage bond trusts at the behest of bondholder committees. Two recent High Court (Chancery Division) decisions demonstrate both the ability and the willingness of the English Courts to assist.; (Submitted: 06 July 2007)
Courts affirm certainty of oral trading: Bear Stearns Bank plc v Forum Global Equity Limited: Log in required; In a significant case decided yesterday the concept of "a trade is a trade" received judicial endorsement for the first time.; (Submitted: 06 July 2007)
Part 52 – appeals: Society of Lloyd's v Jaffray: Log in required; Even if the Court of Appeal had jurisdiction to reopen an appeal on the basis that evidence indicated perjury at an earlier trial, it would only do so in very exceptional circumstances. The usual remedy would be to start a new action to set aside the original judgment.; (Submitted: 29 June 2007)
Workouts - misrepresentation: National Westminster Bank Plc v Rabobank Nederland: Log in required; It was good practice for banks involved in a "workout" to disclose material information to each other. However, there was no legal obligation to do so.; (Submitted: 18 June 2007)
Without prejudice: Framlington v Barnetson: Log in required; The without prejudice rule could apply to negotiations in the course of a dispute even where litigation had not at that stage been threatened. The crucial consideration was whether, during the negotiations, the parties might reasonably have contemplated litigation if they could not agree.; (Submitted: 07 June 2007)
Economic torts: OBG Limited v Allen; Douglas v Hello Limited; Mainstream Properties Limited v Young: Log in required; The tort of intentionally inducing a breach of contract is essentially different from the tort of causing loss by unlawful means, although in some situations they might overlap.; (Submitted: 30 May 2007)
Without prejudice: Stax Claimants v Bank of Nova Scotia Channel Islands Limited: Log in required; The court has rejected a proposed extension to the protection afforded by without prejudice privilege.; (Submitted: 30 May 2007)
Financial Markets Litigation - May 2007: Log in required; Recent developments for those interested in litigation, regulatory enforcement and other dispute resolution issues in the financial markets.; (Submitted: 04 May 2007)
Insurance & Reinsurance - April 2007: Log in required; Recent developments of interest to those concerned with the regulation of the insurance market and the resolution of insurance and reinsurance disputes.; (Submitted: 04 May 2007)
Credit indemnity insurance: Merrill Lynch v Winterthur Swiss Insurance Company: Log in required; The institution of procédure de sauvegarde proceedings in France amounted to a bankruptcy event of default under an ISDA master agreement and triggered a back to back credit indemnity insurance.; (Submitted: 27 April 2007)
Strike out - abuse of process: Nomura International Plc v Granada Group Ltd: Log in required; Where, at the date of issue of a claim form, a claimant was not in a position to set out the nature of its claim and was simply protecting its limitation position, the claim form amounted to an abuse of process.; (Submitted: 16 April 2007)
Arbitration – Human rights: Stretford v Football Association Limited: Log in required; An arbitration agreement which had been voluntarily and freely entered into did not infringe a party's right to a fair trial under Article 6 of the European Convention on Human Rights.; (Submitted: 29 March 2007)
Arbitration – Human rights: Sumukan Limited v the Commonwealth Secretariat: Log in required; An arbitration agreement excluding the right to appeal provided under section 69 of the Arbitration Act 1996, which had been incorporated into the contract by reference, did not infringe the right to a fair trial under Article 6 of European Convention on Human Rights.; (Submitted: 29 March 2007)
Disclosure – FSMA Section 348: Real Estate Opportunities Limited v Aberdeen Asset Managers Jersey Limited: Log in required; Transcripts of interviews taken by the FSA as part of an investigation were discloseable in subsequent litigation. They were not covered by the provisions of section 348 of FSMA.; (Submitted: 20 March 2007)
Financial services - regulated activities order: In re Inertia Partnership LLP: Log in required; An unauthorised firm which had provided administration services in connection with the sale of shares was carrying out a regulated activity and could be wound up pursuant to section 367 of FSMA.; (Submitted: 12 March 2007)
Inducement to breach of contract: Chris Sawyer v Atari Interactive: Log in required; A counterclaim based on inducement to breach of contract would be allowed to go to trial despite the defendant not being able to prove an essential ingredient, when the ingredients of the tort were shortly to be reconsidered by the House of Lords.; (Submitted: 12 March 2007)
Insurance & Reinsurance - February 2007: Log in required; Recent developments of interest to those concerned with the regulation of the insurance market and the resolution of insurance and reinsurance disputes.; (Submitted: 02 March 2007)
Financial Markets Litigation - February 2007: Log in required; Recent developments for those interested in litigation, regulatory enforcement and other dispute resolution issues in the financial markets.; (Submitted: 01 March 2007)
Evidence - Privilege - Mediation: Robert Aird v Prime Meridian: Log in required; Ordinarily, a joint statement of experts pursuant to an order under CPR 35.12 will not be privileged even where it is used for the purposes of a mediation. In this case, however, the statement had been ordered for the purposes of a mediation and the claimants had proceeded on this basis. The statement was privileged.; (Last reviewed: 26 February 2007; submitted: 23 October 2006)
Extradition on price fixing charges looms: Log in required; A recent decision of the English Court of Appeal highlights the risks faced by international business executives who find themselves embroiled in US cartel investigations.; (Submitted: 23 February 2007)
Mistake - misrepresentation: Kyle Bay Limited v Underwriters: Log in required; A settlement agreement was not void for mistake as the mistake in question, whilst significant, did not render the subject matter of the agreement "essentially and radically different" from the subject matter that the parties believed to exist.; (Submitted: 14 February 2007)
The meaning of full and final settlement: BCCI v Ali: Log in required; A settlement agreement can be drafted so that it releases all claims whether or not known to the parties at the time of execution. However, the court will be slow to infer this interpretation unless the wording of the agreement is very clear.; (Last reviewed: 12 February 2007; submitted: 04 July 2001)
Damages - Reinstatement: Aerospace Publishing Limited v Thames Water Utilities Limited: Log in required; Where an archive had been damaged by flooding the correct measure of damages was its reinstatement cost and not the difference between its sale value in a damaged and undamaged state.; (Submitted: 06 February 2007)
Arbitration agreements - Bribery: Fiona Trust and Holding Corporation v Privalov: Log in required; Arbitration clauses in international commercial contracts should be liberally construed. In this case the clause was wide enough, on its true construction, to encompass a dispute as to whether the contract of which it was part had been rescinded on the basis of bribery.; (Submitted: 06 February 2007)
Deceit - causation - damages: Man Nutzfahrzeuge AG v Freightliner: Log in required; The purchaser of a company had been induced by fraudulent representations to enter into the contract and was entitled to recover, in deceit, damages representing the whole amount it had paid for the company plus the amount spent keeping it going until completion of its reorganisation, less the value of the company at that date.; (Last reviewed: 04 February 2007; submitted: 04 November 2005)
Getting the best out of the settlement of FSA enforcement actions: Log in required; Opportunities for resolving enforcement actions with the financial regulator have never been greater. This article examines how to get the best out of the new approach.; (Last reviewed: 04 February 2007; submitted: 31 October 2004)
IP litigation no longer a Dutch treat: Log in required; The Enforcement Directive has changed the way The Netherlands is dealing with legal costs in IP litigation. Willem Leppink of Simmons & Simmons highlights issues for rights owners.; (Submitted: 31 January 2007)
FSA - Restitution Orders: Financial Services Authority v Martin: Log in required; The court has jurisdiction under section 380(2) of the Financial Services and Markets Act 2000 (FSMA) to make a restitutionary order against a person knowingly concerned in a contravention of a relevant requirement.; (Last reviewed: 24 January 2007; submitted: 31 January 2006)
Costs - capping orders - CFAs: Marion Henry v BBC: Log in required; An application for a costs cap made shortly before trial was refused because it had been made too late in the proceedings. It was incumbent on the parties to keep themselves informed about their opponent's estimated costs as the litigation progressed.; (Last reviewed: 24 January 2007; submitted: 22 December 2005)
Unreasonable Conduct - Indemnity Costs: Wates Construction Limited v HGP Greentree Allchurch Evans Limited: Log in required; A failure to recognise that, on the evidence, a claim was hopeless led to an order for indemnity costs being made against a Part 20 claimant.; (Last reviewed: 24 January 2007; submitted: 29 November 2005)
Proceeds of Crime - Interim Freezing Order: Director of the Assets Recovery Agency v Creaven: Log in required; A claim by the Assets Recovery Agency under Part 5 of the Proceeds of Crime Act 2002 should not be regarded as either proprietary or personal. It is a statutory creation of a special kind. However, principles applicable to freezing orders obtained in the context of a claim under Part 5 are similar to those applicable to proprietary claims.; (Last reviewed: 24 January 2007; submitted: 11 November 2005)
Dishonest assistance: Barlow Clowes International Limited v Eurotrust International Limited: Log in required; In order to be guilty of dishonest assistance in a breach of trust, it was not necessary for a defendant to be aware that, by ordinary standards, his behaviour would be regarded as dishonest. All that was required was that his knowledge of the transaction was such as to render his participation contrary to normally acceptable standards of honest conduct.; (Last reviewed: 22 January 2007; submitted: 29 October 2005)
Vicarious Liability: Viasystems (Tyneside) Limited v Thermal Transfer (Northern) Limited: Log in required; Contrary to previous assumptions, a finding of dual vicarious liability is permissible in law.; (Last reviewed: 22 January 2007; submitted: 29 October 2005)
Standstill agreement: Excel Polymers v Achillesmark: Log in required; This case contains a reminder to solicitors that the precise terms of any agreement to extend the limitation period should be recorded in writing.; (Last reviewed: 22 January 2007; submitted: 29 October 2005)
Conditional fee agreements - success fee: Campbell v MGN Limited: Log in required; A defendant cannot argue that the threat of liability to pay a success fee infringes its right to freedom of expression.; (Last reviewed: 22 January 2007; submitted: 29 October 2005)
Witnesses - Evidence: Ultraframe (UK) Limited v Fielding: Log in required; In a civil context, general guidance provided to witnesses about how to behave in court was not objectionable. Training based on mock cross-examination was also acceptable provided the case studies used as the basis for the training bore no resemblance to the facts of the case itself. This risk was greater if the witnesses were allowed to choose their own case studies.; (Last reviewed: 22 January 2007; submitted: 21 September 2005)
Mortgages – Limitation: West Bromwich Building Society v Wilkinson: Log in required; Section 20 of the Limitation Act 1980 applies when, at the time it first arises, a cause of action is a claim to a debt secured on a mortgage. The section does not cease to apply if the security is subsequently released.; (Last reviewed: 22 January 2007; submitted: 27 July 2005)
Contribution - Limitation: Aer Lingus Plc v Gildacroft: Log in required; Where separate judgments on liability and quantum are given, the limitation period for contribution proceedings runs from the date of the judgment which ascertains quantum.; (Last reviewed: 22 January 2007; submitted: 31 January 2006)
Contribution – Limitation: Aer Lingus Plc v Gildacroft: Log in required; The limitation period for contribution proceedings runs from the date of a judgment on liability even where damages are to be assessed at a later date.; (Last reviewed: 22 January 2007; submitted: 27 July 2005)
Damages - Diminution in value: Keydon Estates v Eversheds: Log in required; In cases where property is purchased following negligent advice from surveyors or solicitors, the normal approach to assessing damages is known as the diminution in value rule. In broad terms, the court will assess damages as the difference between the price paid for the property and the true value of the property at the date of purchase. However, where it would lead to an unjust result, the courts are able to make a more general assessment of the correct measure of damages.; (Last reviewed: 22 January 2007; submitted: 25 July 2005)
Costs Orders - Non-Party Funder: Arkin v Borchard Line Ltd: Log in required; A professional funder, who finances part of a claimant's costs of litigation, should be potentially liable for the costs of the opposing party to the extent of the funding provided.; (Last reviewed: 22 January 2007; submitted: 25 July 2005)
Costs - Funding: Arkin v Borchard Lines Limited: Log in required; A costs order against a professional funder was not appropriate even though its share of any damages obtained would have been very significant. In appropriate circumstances the public policy objectives of the deterrence of weak claims and the protection of due administration of justice have to yield to the objective of making the courts available to impecunious claimants.; (Last reviewed: 22 January 2007; submitted: 31 December 2003)
Contract – Rights of Third Parties: Laemthong International Lines Company Limited v Artis: Log in required; The claimant was able to show that the term of a contract to which he was not a party purported to confer a benefit on him. The defendant was unable to prove that the parties (of which it was one) did not intend that the claimant should not enforce the term. The claimant was therefore entitled to enforce the term directly against the defendant.; (Last reviewed: 22 January 2007; submitted: 14 October 2005)
Constructive Trusts - Fiduciary Relationships: Sinclair Investment Holdings S.A. v Versailles Trade Finance Limited: Log in required; A fiduciary relationship could exist where a person had given an undertaking of loyalty with regard to property. It was also arguable that a constructive trust could be imposed on a fraudster.; (Last reviewed: 22 January 2007; submitted: 14 October 2005)
Conflict of laws – tort: Equitas Limited v Wave City Shipping Company Limited: Log in required; Article 5(3) of the Jurisdiction Regulation can be invoked by an alleged tortfeasor to found jurisdiction in a claim for negative declaratory relief.; (Last reviewed: 22 January 2007; submitted: 14 October 2005)
Evidence – Admissibility: O'Brien v Chief Constable of South Wales: Log in required; The correct test of admissibility for similar fact evidence in a civil action is the test of relevance. The evidence is admissible if it is probative of an issue in the action.; (Last reviewed: 22 January 2007; submitted: 13 May 2005)
Costs – Order against Non-Party: Goodwood Recoveries Limited v Breen: Log in required; Where a non-party director can be described as the "real party" to litigation which is being conducted in the name of his company, justice may demand that he be liable in costs. In this case, the director's involvement was sufficient to justify an order that he be liable for all the costs of the action.; (Last reviewed: 22 January 2007; submitted: 20 April 2005)
Undue influence: Pesticcio v Huet: Log in required; A presumption of undue influence can arise regardless of whether the party in whom trust and confidence has been placed has committed a wrongful or dishonest act.; (Last reviewed: 22 January 2007; submitted: 07 April 2004)
Privilege: USP Strategies Plc v London General Holdings Limited: Log in required; Where a solicitor's advice to a client is communicated to a third party that third party communication may itself be subject to legal advice privilege where it is evidence of the original privileged advice.; (Last reviewed: 22 January 2007; submitted: 07 March 2004)
Cost-capping orders: King v Telegraph Group Limited: Log in required; In cases where the claimant is using a CFA and the defendant might face significant irrecoverable costs the appropriate course is for the master at the allocation stage to consider making a costs-capping order which would cover the normal costs of the litigation and be inclusive of the success fee.; (Last reviewed: 22 January 2007; submitted: 07 June 2004)
Claim Form - Extension of Time for Service: Hashtroodi v Hancock: Log in required; The Court of Appeal held that, when considering whether to make an order extending the period within which a claim form may be served, the power must be exercised in accordance with the overriding objective. In practice, this means that it will always be relevant for the court to look at the reason why the claimant did not serve the claim form within the specified period.; (Last reviewed: 22 January 2007; submitted: 07 June 2004)
Litigation Privilege – Fraud Exception: Kuwait Airways Corporation v Iraqi Airways Co: Log in required; The fraud exception does apply to litigation privilege as well as to legal advice privilege. Otherwise privileged communications of either type made in furtherance of a criminal purpose may be subject to disclosure and inspection.; (Last reviewed: 22 January 2007; submitted: 17 March 2005)
Experts – Privilege: Vasiliou v Hajigeorgiou: Log in required; The court has power to give permission to a party to rely on a second replacement expert but it will usually only exercise this power on condition that the report of the first expert be disclosed to the opposing party.; (Last reviewed: 22 January 2007; submitted: 17 March 2005)
Money Laundering - Proceeds of Crime - Appeals: Bowman v Fels: Log in required; The conduct of legal proceedings does not entail "becoming concerned in an arrangement" within the meaning of section 328 of the Proceeds of Crime Act 2002.; (Last reviewed: 22 January 2007; submitted: 15 March 2005)
Solicitors - Lien: Clifford Harris & Co v Solland International Limited: Log in required; Where a solicitor took a charge over a client's property to secure costs and the charge provided for interest to which he would otherwise not be entitled, that charge was inconsistent with, and waived, the solicitor's right to a charge over the proceeds of litigation under section 73 of the Solicitors' Act 1974 unless the right had been expressly preserved.; (Last reviewed: 22 January 2007; submitted: 21 February 2005)
Anti-Suit Injunctions: Donohue v Armco: Log in required; The House of Lords has provided guidance on anti suit injunctions.; (Last reviewed: 22 January 2007; submitted: 28 January 2002)
Alternative Dispute Resolution - Judicial Review: Frank Cowl v Plymouth County Council: Log in required; The Court of Appeal has provided a warning that insufficient attention is being paid to the paramount importance of avoiding litigation wherever possible.; (Last reviewed: 22 January 2007; submitted: 29 January 2002)
Reinsurance – Jurisdiction – Forum Non-Conveniens: Ace Insurance SA – NV v Zurich Insurance Company and Zurich American Insurance Company: Log in required; The Court of Appeal has affirmed the decision of Mr Justice Longmore given in 2000 in Ace v Zurich Insurance Company and Zurich American Insurance Company.; (Last reviewed: 22 January 2007; submitted: 12 February 2001)
Misfeasance in Public Office: Kuddus v Chief Constable of Leicestershire: Log in required; House of Lords guidance on when exemplary damages can be recovered.; (Last reviewed: 22 January 2007; submitted: 21 June 2001)
Witness training and coaching: R v Momodou: Log in required; The Court of Appeal has confirmed the established principle that witness training or coaching for criminal trials is prohibited. Witness familiarisation is allowed, so long as guidance set out by the Court of Appeal is followed. This begs the question: what is the position for civil trials?; (Last reviewed: 17 January 2007; submitted: 07 February 2005)
Contract - 'Subject to Contract': The Rugby Group Limited v Proforce Recruits Limited: Log in required; Although an agreement was marked "subject to contract" the parties performed its terms and could be taken to have entered into an implied binding contract on the terms of the agreement.; (Last reviewed: 17 January 2007; submitted: 07 February 2005)
Arbitration - effect of earlier finding: Lincoln National Life Insurance Company v Sun Life Assurance Company of Canada: Log in required; A finding made by arbitrators in one set of proceedings was binding on arbitrators in a second set of proceedings even though that finding had not been strictly necessary for the final result in the first proceedings.; (Last reviewed: 17 January 2007; submitted: 09 March 2004)
Arbitration: Sun Life Assurance Company of Canada and Others v Lincoln National Life Insurance Company: Log in required; A decision giving rise to an issue estoppel as between the parties to an arbitration cannot be relied upon by a stranger to that arbitration in a subsequent arbitration against one of the original parties; (Last reviewed: 17 January 2007; submitted: 20 December 2004)
Reinsurance - Follow the Settlements: Assicurazioni Generali SpA v CGU International Insurance Plc: Log in required; The terms of the follow the settlements clause in this reinsurance meant that insurers did not have to show that the claim they had settled in fact fell within the risks covered by the reinsurance but that it did, or arguably did.; (Last reviewed: 17 January 2007; submitted: 31 May 2004)
Contemporaneous Civil and Criminal Proceedings Arising out of the same Circumstances: In the Matter of Priority Stainless (UK) Limited: Log in required; Evidence in a civil case can subsequently be used during a criminal trial for the same actions.; (Last reviewed: 16 January 2007; submitted: 30 April 2001)
Conflict of laws: Watson v First Choice Holidays: Log in required; Can claims in contract and tort be connected for the purposes of Article 6(1) of the Brussels Convention?; (Last reviewed: 16 January 2007; submitted: 30 July 2001)
Banks caught in the crossfire: Bank v A Ltd & Others: Log in required; The Court of Appeal, in Bank of Scotland v A Ltd & Others, has put the burden back on banks where a bank suspects that monies in a customer's account are tainted, but is asked by the customer to pay them away.; (Last reviewed: 16 January 2007; submitted: 08 March 2001)
Banks – Fraud - Estoppel: Patel v Standard Chartered Bank: Log in required; Customers do not owe banks a duty to report fraud if they are unaware of it.; (Last reviewed: 16 January 2007; submitted: 30 April 2001)
Agency - Fiduciary Duties - Arbitration: Brandeis (Brokers) Limited v Black: Log in required; The High Court reviews an award made in a London Metal Exchange Arbitration.; (Last reviewed: 16 January 2007; submitted: 16 July 2001)
Limitation: Gravgaard v Aldridge & Brownlee: Log in required; In considering whether a claimant had constructive knowledge for the purposes of section 14A of the Limitation Act 1980 the court had to have regard to the position of the actual claimant, not some wholly hypothetical claimant.; (Last reviewed: 16 January 2007; submitted: 13 December 2004)
Banks - Duty of Care - Freezing Injunctions: Her Majesty's Commissioners of Customs & Excise v Barclays Bank: Log in required; A bank notified of a freezing order does not owe to the party who obtained the order a duty to take reasonable care to comply with the terms of the order.; (Last reviewed: 16 January 2007; submitted: 29 June 2006)
Nominees - Freezing Injunction: Trade Credit Finance No. 1 Limited v Bilgin: Log in required; On the facts of the case there was no evidence to support a contention that property transferred to a company remained vested in the transferor. However, a freezing injunction granted over a proportion of the assets of the company would be continued as it was ancillary to the injunction over the transferor's assets.; (Last reviewed: 16 January 2007; submitted: 23 November 2004)
Money Laundering - Conspiracy: R v Sakavickas: Log in required; A charge of conspiracy to commit an offence under Section 93A of the Criminal Justice Act 1988 did not require the prosecution to prove that the alleged conspirators had knowledge that assets had been acquired by means of a crime. A suspicion that they had been was sufficient.; (Last reviewed: 16 January 2007; submitted: 23 November 2004)
Evidence - Witness Statements: Cottrell (on behalf of Lloyd’s Syndicate 1173) v General Cologne Re UK Limited: Log in required; An application to admit the witness statement of a witness who was not to give oral evidence was refused when the hearsay notice was served after the date fixed for exchange of witness statements and there was no good reason for the delay.; (Last reviewed: 16 January 2007; submitted: 22 November 2004)
Settlement - Insurance: Lumbermans Mutual Casualty Company v Bovis Lend Lease Limited: Log in required; Where a settlement agreement did not specifically identify the cost to an insured of discharging its liability to a third party, the insured could not use extrinsic evidence to prove that cost when making a subsequent claim against its insurer for an indemnity.; (Last reviewed: 16 January 2007; submitted: 31 October 2004)
Defamation - Damages: Collins Stewart Limited v The Financial Times Limited: Log in required; An alleged shortfall in the market capitalisation of a company as a suggested measure of damages was far too uncertain to be acceptable as a legal basis for assessing damages.; (Last reviewed: 16 January 2007; submitted: 25 October 2004)
Whether there is a rule of law that parties to a joint venture do not become partners until trading has commenced: Log in required; Case summary of Khan v Miah and Others (House of Lords, 02 November 2000).; (Last reviewed: 16 January 2007; submitted: 07 November 2000)
Security for Costs: Texuna International Limited v Cairn Energy PLC: Log in required; Where the only justification for ordering security for costs is that the claimant is resident outside the jurisdiction and is not resident in a Brussels or Lugano contracting state, the court can only order security where it can be shown that the jurisdiction in question imposes additional obstacles or extra burdens in terms of costs and delay.; (Last reviewed: 16 January 2007; submitted: 28 May 2004)
Procedure - Payments in - Costs: Johnson v Gore Wood: Log in required; The existence of a payment into court under Part 36 could only be used on arguments as to costs, not on arguments as to interest on damages.; (Last reviewed: 16 January 2007; submitted: 11 February 2004)
Procedure - Group Litigation Orders - Strike Out: Taylor v Nugent Care Society: Log in required; The Court of Appeal held that it is not an abuse of process for a claimant who has commenced proceedings which raise an issue covered by a Group Litigation Order (GLO), but who was refused permission to join the group action out of time, to proceed with his claim.; (Last reviewed: 16 January 2007; submitted: 30 January 2004)
Procedure - Appeals - Settlement: Yell Limited v Garton: Log in required; There is a professional obligation on those advising parties to litigation to notify the court if there is a likelihood that judicial time will be wasted in preparing for an appeal which might well be settled.; (Last reviewed: 16 January 2007; submitted: 11 February 2004)
Privilege: Three Rivers District Council v The Governor and Company of the Bank of England: Log in required; In the absence of threatened or pending litigation, communications passing between a solicitor and client will not be protected by legal advice privilege unless the dominant purpose of the communication is the provision of advice about the client's legal rights and obligations. Advice concerning the presentation of evidence to an Inquiry did not attract legal advice privilege.; (Last reviewed: 16 January 2007; submitted: 12 March 2004)
Negligence - Duty of Care - Limitation: Williams v Fanshaw & Hazelhurst: Log in required; The defendant had deliberately concealed facts relevant to the claimant's cause of action. Section 32(1)(b) of the Limitation Act 1980 applied and time did not start to run until the claimant discovered the concealment.; (Last reviewed: 16 January 2007; submitted: 27 February 2004)
Mediation: Halsey v Milton Keynes General NHS Trust: Log in required; The Court of Appeal has provided guidance on the extent to which a court can require parties to litigation to submit their dispute to ADR.; (Last reviewed: 16 January 2007; submitted: 28 May 2004)
Letters of Request - Privilege: United States of America v Philip Morris Inc and Others: Log in required; As it was not possible to say that all the communications between a lawyer and his client were privileged the appropriate course was to allow the lawyer's evidence to be taken pursuant to a letter of request and to deal with issues of privilege in the context of specific questions as they were put to the witness.; (Last reviewed: 16 January 2007; submitted: 31 March 2004)
Criminal Evidence: R v Webber: Log in required; A positive suggestion put to a witness at trial by or on behalf of a defendant can amount to "a fact relied on in his defence" even if that suggestion is not adopted by the witness. The court can draw an inference from the defendant's failure to mention such a fact while being questioned under caution.; (Last reviewed: 16 January 2007; submitted: 30 January 2004)
Contract - Illegality: 21st Century Logistics Solutions Limited (In Liquidation) v Madysen Limited: Log in required; Not every contract entered into with the intention of committing an illegal act is illegal and unenforceable. There comes a point when the connection between the claimant's intention and the contract is too remote for the contract to be held unenforceable.; (Last reviewed: 16 January 2007; submitted: 01 March 2004)
Conflict of laws - swaps: Royal Bank of Canada v Cooperative Centrale Raiffeisen - Boerenleenbank B.A: Log in required; Where a jurisdiction clause clearly anticipated the possibility of parallel proceedings in different jurisdictions and contained no express wording to prevent the occurrence of virtually simultaneous trials, the court would not grant an injunction to prevent that occurrence.; (Last reviewed: 16 January 2007; submitted: 31 January 2004)
Banks - Conflict of Laws: The Shamil Bank of Bahrain EC v Beximco Pharmaceuticals Ltd & Others: Log in required; A general reference to Sharia law in an English governing law clause was not sufficient to "trump" English law as the governing law of the contract.; (Last reviewed: 16 January 2007; submitted: 30 January 2004)
Directors' Duties: JJ Harrison v Harrison: Log in required; A director who disposes of company property in breach of fiduciary duty is to be treated as a constructive trustee of such property ending up in his hands.; (Last reviewed: 16 January 2007; submitted: 26 November 2001)
Letters of Credit - Swaps: Mahonia Limited v WestLB AG: Log in required; There was no illegality affecting three linked swap transactions such as to render a letter of credit issued in support of one of the swaps unenforceable.; (Last reviewed: 16 January 2007; submitted: 31 August 2004)
Privilege: British America Tobacco (Investments) Limited v United States of America: Log in required; It could not be said that privilege had been waived in communications evidenced by documents which had been made public only pursuant to a court order and in the face of objections by the documents' owners.; (Last reviewed: 16 January 2007; submitted: 31 August 2004)
Judicial review - disclosure: Tweed v Parades Commission for Northern Ireland: Log in required; Where a judicial review application involves issues of proportionality, disclosure will be ordered more readily than in an application where such an issue does not arise.; (Submitted: 10 January 2007)
London Bus Services Ltd v Tramtrack Croydon Ltd: Log in required; Litigation concerning the operation of PFI contracts and other concession agreements - this case raises the issue of a Concessionaire's obligation to make changes in the capacity of a light rail network.; (Last reviewed: 08 January 2007; submitted: 12 May 2006)
Costs - Without Prejudice Negotiations: Reed Executive Plc v Reed Business Information Limited: Log in required; The court cannot order the production of "without prejudice" communications, even in the context of a dispute over costs, where one party has allegedly unreasonably refused to submit to ADR. The Court of Appeal's decision in Halsey has not altered the general principle protecting such communications.; (Last reviewed: 20 December 2006; submitted: 30 July 2004)
Mortgage - Undue Influence: Yorkshire Bank Plc v Pamela Tinsley: Log in required; Where a mortgage or guarantee is voidable for undue influence, a replacement mortgage, even if undue influence is not operative at the time of such replacement, will itself be voidable if the replacement mortgage is taken out as a condition of discharging the earlier voidable mortgage.; (Last reviewed: 19 December 2006; submitted: 30 July 2004)
Money Laundering: Tayeb v HSBC Bank Plc: Log in required; A transfer into the claimant's account via the CHAPS system created a debt once the account details had been authenticated and confirmation of receipt had been transmitted to the bank making the transfer. Suspicions as to the source of the funds did not provide the receiving bank with a reason to refuse to accept the transfer.; (Last reviewed: 19 December 2006; submitted: 30 July 2004)
Disclosure: Marlwood v Kozeny: Log in required; A notice served by the SFO requiring production of documents in connection with a fraud investigation in the US had to be complied with despite the fact that the documents belonged to a defendant to UK proceedings who was resident outside the jurisdiction and the documents were in the UK solely because of the compulsory disclosure requirements of CPR 31.; (Last reviewed: 19 December 2006; submitted: 30 July 2004)
Court of Appeal - further evidence: Khetani v Kanbi: Log in required; Where a party had deliberately elected to proceed at trial without certain evidence, a subsequent attempt to adduce that evidence on appeal amounted to an abuse of process. Satisfaction of the Ladd v Marshall test was a necessary but not a sufficient condition for the reception of new evidence on appeal. In particular, it did nothing to licence abuse of process.; (Submitted: 12 December 2006)
The Continuing Duty of Good Faith in Insurance Law: Manifest v Uni-Polaris: Log in required; A review of the House of Lords' decision in Manifest Shipping Company Limited v Uni-Polaris Shipping Company Limited and Others, 18 January 2001.; (Last reviewed: 11 December 2006; submitted: 22 January 2001)
Service under the Companies Act 1985: Log in required; Case summary of Rakusens Ltd (a Company) v Baser Ambalaj Plastik & Sanayi Ticaret AS, Court of Appeal, 15 October 2001.; (Last reviewed: 08 December 2006; submitted: 30 January 2002)
Privilege against self-incrimination: Log in required; Court of Appeal gives guidance on the scope of the privilege against self-incrimination; (Last reviewed: 08 December 2006; submitted: 26 November 2001)
Court of Appeal on burden of proof and non-infringement: Log in required; The UK Court of Appeal has ruled that suppliers of active pharmaceutical ingredients are not to be considered joint infringers of a patent solely on the basis that they have provided information to the pharmaceutical regulators. The court also ruled on the discharge of the burden of proof of non-infringement at an interlocutory stage.; (Submitted: 08 December 2006)
Public access to court records: Log in required; On Monday 02 October 2006 a new rule came into force which made it much easier for the general public and the media to gain access to statements of case held on court files. As drafted, the new rule had retrospective effect. However, it has now been amended to restrict the availability of documents filed before 02 October 2006.; (Submitted: 06 December 2006)
The Supreme Court Costs Office: Log in required; The Supreme Court Costs Office has issued a revised guide, replacing the 2002 version.; (Submitted: 05 December 2006)
Commercial Court Symposium: Log in required; On 30 October 2006, a symposium of judges, solicitors and barristers convened to look into how to prevent a repeat of the BCCI court collapse.; (Submitted: 05 December 2006)
Privilege - disclosure: National Westminster Plc v Rabobank: Log in required; Legal advice privilege did not attach to preparatory material, even if it was prepared for the purpose of enabling lawyers to advise, unless there was communication between client and legal adviser. Communication via the clients' audit department as "agent for the lawyers" was not sufficient.; (Submitted: 29 November 2006)
Arbitration - Enforcement - state immunity: Svenska Petroleum v Government of Lithuania: Log in required; If a state submits to arbitration it renders itself amenable to process necessary to render the arbitration effective and it is not entitled to immunity in relation to this process. This includes proceedings seeking permission to enforce an arbitral award as judgment of the court.; (Submitted: 23 November 2006)
Dishonest Assistance – Breach of Trust: Abou-Rama v Abacha: Log in required; In order to establish dishonest assistance in a breach of trust it was not necessary to show subjective dishonesty in the sense of consciousness that the transaction was dishonest. It was sufficient if the defendant knew of the elements of the transaction which made it dishonest according to normally accepted standards of behaviour.; (Submitted: 17 November 2006)
Banking – Experts: J P Morgan Chase Bank v Springwell Navigation Corp: Log in required; Where an expert report effectively dealt solely with a question of law, it would be excluded from evidence. In a case such as this, the parties could be expected to agree, so far as possible, issues which would otherwise have to be dealt with by way of expert reports.; (Last reviewed: 10 November 2006; submitted: 06 November 2006)
Experts - Immunity: Meadow v General Medical Council: Log in required; The principle of witness immunity from suit in relation to evidence given to a court does not extend to subsequent disciplinary proceedings which have a different purpose from civil proceedings.; (Submitted: 30 October 2006)
Restitution: Deutsche Morgan Grenfell Group Plc v Inland Revenue Commissioners: Log in required; Tax had been paid under a mistake of law, the mistake had not been discovered until a ruling by the European Court of Justice and the taxpayer was entitled to rely on the extended limitation period provided under section 32(1)(c) of the Limitation Act 1980.; (Submitted: 30 October 2006)
Contract – Illegality: A L Barnes Limited v Time Talk (UK) Limited: Log in required; Case summary of A L Barnes Limited v Time Talk (UK) Limited.; (Last reviewed: 24 October 2006; submitted: 11 April 2003)
Conditional fee agreements: re Claims Direct test cases: Log in required; Case summary of re Claims Direct test cases.; (Last reviewed: 24 October 2006; submitted: 17 February 2003)
Conditional fee agreement – costs – privilege: McCreery v Massey Plastic Fabrications Limited: Log in required; Case summary of McCreery v Massey Plastic Fabrications Limited.; (Last reviewed: 24 October 2006; submitted: 08 April 2003)
Collective conditional fee agreements: Stanley Thornley v Patrick Lang: Log in required; Where a successful party has received legal services pursuant to a collective conditional fee agreement they do not have to have entered into a separate conditional fee agreement in order to recover from the losing party a success fee payable under the collective conditional fee agreement.; (Last reviewed: 24 October 2006; submitted: 31 December 2003)
Asbestosis Claims – Insurance: Philips v Syndicate 992 Gunner and Others: Log in required; Case summary of Philips v Syndicate 992 Gunner and Others.; (Last reviewed: 24 October 2006; submitted: 20 May 2003)
Arbitration - disclosure by non parties: BNP Paribas v Deloitte & Touche: Log in required; Section 43 of the Arbitration Act 1996 (the Act) does not give the court, in respect of arbitration proceedings, power to order disclosure from a third party.; (Last reviewed: 24 October 2006; submitted: 31 December 2003)
Wasted Costs Orders – Pleading Fraud - Privilege: Medcalf v Weatherill: Log in required; Case summary of Medcalf v Weatherill, House of Lords, 27 June 2002.; (Last reviewed: 24 October 2006; submitted: 01 July 2002)
Terms of Settlement - Misrepresentation: Nelson Group Services (Maintenance) Limited v BG Plc: Log in required; Case summary of Nelson Group Services (Maintenance) Limited v BG Plc, Court of Appeal, 24 April 2002.; (Last reviewed: 24 October 2006; submitted: 29 April 2002)
Solicitors – Confidential Information: Hilton v Baker Booth and Eastwood: Log in required; Case summary of Hilton v Baker Booth and Eastwood, Court of Appeal, 22 May 2002.; (Last reviewed: 24 October 2006; submitted: 28 May 2002)
Settlement: Heaton v Axa Equity and Law, Life Assurance Society Plc: Log in required; Case summary of Heaton v Axa Equity and Law, Life Assurance Society Plc, House of Lords, 25 April 2002.; (Last reviewed: 24 October 2006; submitted: 08 May 2002)
Security for Costs – Default Judgment: CIBC Mellon Trust Company v Mora Hotel Corporation: Log in required; Case summary of CIBC Mellon Trust Company v Mora Hotel Corporation, Court of Appeal, 19 November 2002.; (Last reviewed: 24 October 2006; submitted: 25 November 2002)
Security for Costs: De Beer v Kanaar & Co: Log in required; Case summary of De Beer v Kanaar & Co (Court of Appeal, 09 August 2001).; (Last reviewed: 24 October 2006; submitted: 27 August 2001)
Restitution: National Bank of Egypt International Limited v Oman Housing Bank: Log in required; Case summary of National Bank of Egypt International Limited v Oman Housing Bank, Commercial Court, 27 September 2002.; (Last reviewed: 24 October 2006; submitted: 07 October 2002)
Relief from forfeiture: Log in required; Case summary of On Demand Information Plc (in administrative receivership) v Michael Gerson (Finance) Plc, House of Lords, 18 April 2002.; (Last reviewed: 24 October 2006; submitted: 29 April 2002)
Contribution: Charter Plc v City Index Limited: Log in required; A claim for knowing receipt is a claim for compensation for damage, notwithstanding that it might also be described as restitutionary, and can be the subject of a contribution claim under the Civil Liability (Contribution) Act 1978.; (Submitted: 23 October 2006)
E-Disclosure: Log in required; The Litigation Support Technology Group has released Part 1 of its data exchange protocol. The stated aim of the protocol is to simplify and speed up procedures and reduce cost by establishing sensible standards that all parties can follow to improve the provision or exchange of evidence.; (Submitted: 05 September 2006)
Civil Procedure Rules Update 42: Log in required; The Department of Constitutional Affairs has issued the 42^nd Update to the Civil Procedure Rules. The majority of the changes will come into force on 02 October 2006.; (Submitted: 05 September 2006)
The European Court of Justice rules out European cross-border patent injunctions: Log in required; On 13 July 2006, the European Court of Justice (ECJ) ruled that cross-border injunctions are not available in patent infringement actions. The Court's judgments in the cases of GAT v LuK and Roche v Primus have been eagerly awaited in Europe to finally settle this issue.; (Last reviewed: 20 August 2006; submitted: 14 July 2006)
Conflict of laws - letters of credit - anti suit injunctions: Trafigura Beheer BV v Kookmin Bank: Log in required; "Tort", as used in Part III of the Private International Law (Miscellaneous Provisions) Act 1995 for choice of law purposes, had to be construed broadly to embrace non contractual civil wrongs that gave rise to a remedy.; (Last reviewed: 11 August 2006; submitted: 07 August 2006)
Disclosure: Log in required; Case summary of Three Rivers District Council v The Governor and Company of the Bank of England (No. 5), Court of Appeal, 07 August 2002.; (Last reviewed: 01 August 2006; submitted: 15 August 2002)
Defamation - Limitation Periods: Log in required; Case Summary - Steedman v BBC, Court of Appeal, 23 October 2001; (Last reviewed: 01 August 2006; submitted: 09 November 2001)
Costs - mediation: Log in required; Case summary of Dunnett v Railtrack, Court of Appeal 22 February 2002.; (Last reviewed: 01 August 2006; submitted: 19 March 2002)
Contribution Claims: Log in required; Case summary of Co-operative Retail Services Limited v Taylor Young Partnership, House of Lords, 25 April 2002; (Last reviewed: 01 August 2006; submitted: 09 May 2002)
Confidential Information: Log in required; Case summary of The Jockey Club (A Body Corporate) v Buffham, Queens Bench Division, 13 September 2002.; (Last reviewed: 01 August 2006; submitted: 23 September 2002)
Conditional fee agreements: Log in required; Case summary of Woods v Chaleff, Supreme Court Costs Office, 30 April 2002.; (Last reviewed: 01 August 2006; submitted: 12 August 2002)
Conditional fee agreement: Log in required; Set off of pre trial costs where one party has entered into a conditional fee agreement.; (Last reviewed: 01 August 2006; submitted: 09 July 2001)
Companies - Action by a Shareholder - Issue Estoppel: Log in required; Case summary - Humberclyde Finance Group Limited v Hicks, Chancery Division, 14 November 2001.; (Last reviewed: 01 August 2006; submitted: 29 November 2001)
Committal Proceedings - Appeals: Log in required; Case summary of Government of the Sierra Leone v Davenport, Court of Appeal, 23 January 2002.; (Last reviewed: 31 July 2006; submitted: 29 January 2002)
Champerty: Log in required; Case summary of Crittenden v Bayliss, Court of Appeal, 17 January 2002.; (Last reviewed: 31 July 2006; submitted: 29 January 2002)
Banking – Joint and Several Liability: Log in required; Case summary of AIB Group Plc v Martin and Gold, House of Lords, 13 December 2001.; (Last reviewed: 31 July 2006; submitted: 28 January 2002)
Late Service: Log in required; Use of the court's power to dispense with service under Civil Procedure Rule 6.9.; (Last reviewed: 31 July 2006; submitted: 21 June 2001)
Assessment of Damages – Loss of Chance: Log in required; Case summary of Sharif v Garrett & Co. (Court of Appeal, 31 July 2001).; (Last reviewed: 31 July 2006; submitted: 10 August 2001)
Registration of Foreign Judgments: Log in required; Case summary of Ahmed v Habib Bank Limited (Court of Appeal, 31 July 2001).; (Last reviewed: 31 July 2006; submitted: 27 August 2001)
Rectification - Insurance: Log in required; Case summary of Kiriacoulis Lines SA v Compagnie D’Assurances Maritimes Aeriennes et Terrestres, Court of Appeal, 16 July 2002.; (Last reviewed: 28 July 2006; submitted: 22 July 2002)
Pre action disclosure: Log in required; Case summary of Clearwater IT Limited v Agilent Technologies UK Limited, Chancery Division, 08 February 2002.; (Last reviewed: 28 July 2006; submitted: 21 February 2002)
Pension Mis-selling and Aggregation: Log in required; Pension Providers can aggregate pension mis-selling claims for the purposes of claiming under their professional indemnity policies. A report on the judgement of Moore-Bick J. handed down on 05 October 2000.; (Last reviewed: 28 July 2006; submitted: 05 October 2000)
Partnership – Wrongful Acts – Vicarious Liability - Contribution: Log in required; Case summary of Dubai Aluminium Company v Salaam and Others, House of Lords, 05 December 2002.; (Last reviewed: 28 July 2006; submitted: 10 December 2002)
Money Laundering - Injunctions: K Limited v National Westminster Bank Plc: Log in required; Where a bank suspected that money in a client's account was criminal property, a court should not compel the bank by interim injunction to comply with its customer's payment instructions.; (Submitted: 28 July 2006)
Norwich Pharmacal Orders: Log in required; Case summary of Interbrew v Financial Times, Court of Appeal, 08 March 2002.; (Last reviewed: 26 July 2006; submitted: 19 March 2002)
Norwich Pharmacal Orders: Log in required; Case summary of Ashworth Security Hospital v MGN Limited, House of Lords, 27 June 2002.; (Last reviewed: 26 July 2006; submitted: 01 July 2002)
Negligence - Measure of Damages: Log in required; When is a claimant entitled to recover the costs of reinstating damaged property.; (Last reviewed: 26 July 2006; submitted: 04 July 2001)
Negligence – Limitation: Log in required; Case summary of Khan v Falvey, Court of Appeal, 22 March 2002.; (Last reviewed: 26 July 2006; submitted: 22 April 2002)
Negligence – Latent Defects: Log in required; Case summary of Baxall Securities Limited v Sheard Walshaw Partnership, Court of Appeal, 22 January 2002.; (Last reviewed: 26 July 2006; submitted: 29 January 2002)
Negligence - Counsel: Log in required; Case summary of First City Insurance Group Limited v Orchard, Queen’s Bench Division, 17 May 2002.; (Last reviewed: 26 July 2006; submitted: 28 May 2002)
Mortgage - Limitation: Log in required; Case summary of Bristol and West Plc v Bartlett; Paragon Finance Plc v Banks; Halifax Plc v Grant, Court of Appeal, 31 July 2002.; (Last reviewed: 26 July 2006; submitted: 12 August 2002)
Misfeasance in Public Office: Log in required; Case summary of Three Rivers District Council v Bank of England (No. 3), House of Lords, 22 March 2001.; (Last reviewed: 26 July 2006; submitted: 30 March 2001)
Litigation Funding: Log in required; Case summary of Sarwar v Alam (Court of Appeal, 19 September 2001).; (Last reviewed: 26 July 2006; submitted: 26 September 2001)
Limitation – Deliberate Concealment of Relevant Facts: Log in required; A review of the House of Lords decision which has overturned Brocklesby.; (Last reviewed: 26 July 2006; submitted: 26 April 2002)
Jurisdiction – Alternative Service: Log in required; Case summary Knauf v British Gypsum and Others, Court of Appeal, 24 October 2001.; (Last reviewed: 26 July 2006; submitted: 09 November 2001)
Judicial Review - Legitimate Expectation - Bias: Log in required; Case summary of R (on the application of Toovey) v The Law Society, Administrative Court, 18 March 2002.; (Last reviewed: 26 July 2006; submitted: 27 March 2002)
Judicial Review – Financial Ombudsman Service: Log in required; Case summary of R (on the application of Norwich and Peterborough Building Society) v Financial Ombudsman Service Limited, Administrative Court, 14 November 2002.; (Last reviewed: 26 July 2006; submitted: 18 November 2002)
Judicial Review - Competition Commission: Log in required; Competition Commission adopts unfair procedure.; (Last reviewed: 26 July 2006; submitted: 16 July 2001)
Investigations into Insider Dealing: Log in required; Case summary of R (on the application of Clegg) v Secretary of State for Trade and Industry, Court of Appeal, 18 April 2002.; (Last reviewed: 26 July 2006; submitted: 09 May 2002)
Injunctions – Contempt of Court: Log in required; Case summary of HM Attorney-General v Punch Limited.; (Last reviewed: 26 July 2006; submitted: 19 December 2002)
Human rights - disciplinary proceedings: Log in required; Case summary of R (on the application of Fleurose) v Securities and Futures Authority, Court of Appeal, 21 December 2001.; (Last reviewed: 26 July 2006; submitted: 29 January 2002)
Expert Witnesses: Log in required; Expert evidence must be, and must be seen to be, the independent product of the expert.; (Last reviewed: 26 July 2006; submitted: 30 July 2001)
Evidence for Foreign Proceedings: Log in required; Case summary of Minet Limited v Goodinge and Another, Queen’s Bench Division, 24 April 2002.; (Last reviewed: 26 July 2006; submitted: 01 April 2002)
Disclosure - Privilege: Log in required; Case summary of Al Fayed v Commissioner of Police for the Metropolis, Court of Appeal, 29 May 2001.; (Last reviewed: 26 July 2006; submitted: 07 June 2002)
Dishonest Assistance in Breach of Trust: Log in required; Case summary of Twinsectra Limited v Yardley, House of Lords, 21; (Last reviewed: 26 July 2006; submitted: 27 March 2002)
Disclosure - Confidential Information: Log in required; Premier Profiles Limited v Tioxide Europe Limited, Commercial Court, 20 September 2002.; (Last reviewed: 26 July 2006; submitted: 07 October 2002)
Disclosure - Collateral Use of Disclosed Documents: Log in required; Case summary of Lilly Icos Limited v Pfizer Limited, Court of Appeal, 23 January 2002.; (Last reviewed: 26 July 2006; submitted: 29 January 2002)
Group Litigation Orders - Costs: Log in required; Case summary of Afrika v Cape Plc and other actions, Court of Appeal, 21 December 2001.; (Last reviewed: 26 July 2006; submitted: 29 January 2002)
Financial Services - Negligent misstatement: Log in required; Case summary - Legal & General Assurance v Kirk, Court of Appeal, 14 November 2001.; (Last reviewed: 26 July 2006; submitted: 29 November 2001)
Without Prejudice - Limitation - Bradford & Bingley Plc v Rashid: Log in required; Letters from a mortgager seeking time to pay a shortfall due under a mortgage were acknowledgements of the debt for the purposes of the Limitation Act 1980. The letters were not protected by the without prejudice rule.; (Submitted: 21 July 2006)
Conflicts of laws - Harding v Wealands: Log in required; In the case of a tort occurring outside the jurisdiction, the assessment of damages is a question of procedure to be dealt with by reference to English law and not by reference to the applicable law as fixed by the Private International Law (Miscellaneous Provisions) Act 1995.; (Submitted: 21 July 2006)
Costs - Bear Stearns Plc v Forum Global Equity Limited: Log in required; Case summary of Bear Stearns Plc v Forum Global Equity Limited, Commercial Court, 23 June 2006.; (Submitted: 10 July 2006)
Horton v Sadler: Log in required; House of Lords - Precedent - The House of Lords will normally treat its own decisions as binding but will depart from them when it appears right to do so.; (Submitted: 29 June 2006)
Riyad Bank and Others v Ahli United Bank (UK) Plc: Log in required; Duty of Care - An adviser which had no direct contractual relationship with an investment fund nevertheless owed the fund a duty of care in tort notwithstanding the existence of a chain of contracts under which the adviser was required to provide the advice to a bank which in turn was contracted to provide advice to the fund.; (Submitted: 29 June 2006)
SmithKline Beecham plc and others v Apotex Europe Ltd and others: Log in required; Injunctions - Undertakings - this decision serves as a reminder that it is essential when giving and receiving undertakings to be clear who the correct parties are and "where the money is".; (Submitted: 16 June 2006)
Mortgagees - Receivers - Duties: Log in required; Case summary of Silven Properties Limited v Royal Bank of Scotland; (Last reviewed: 16 June 2006; submitted: 31 October 2003)
M Young Legal Associates Limited v Lees: Log in required; Partnership - an individual was a partner in a firm even though he was paid an annual fixed sum rather than a share of profits where the intention of the parties was that they should enter into a partnership.; (Submitted: 16 June 2006)
Essar Steel Limited v The Argo Fund Limited: Log in required; Definition of financial institution - An investment fund purchasing distressed debt was a financial institution within the definition in a syndicated loan agreement.; (Submitted: 16 May 2006)
Commercial Court annual report: Log in required; The Commercial Court has published its report for 2005.; (Submitted: 16 May 2006)
41st CPR Update: Log in required; The 41^st update to the CPR came into force on 06 April 2006.; (Submitted: 16 May 2006)
J Pereira Fernandes SA v Mehta: Log in required; Guarantees - Automatic insertion of an individual's email address into an email is not a signature for the purposes of the Statute of Frauds.; (Submitted: 12 May 2006)
Worldwide freezing orders: Log in required; The Court of Appeal has, for the first time, produced guidelines for the exercise of the court's discretion to grant permission to enforce a worldwide freezing order outside England and Wales.; (Submitted: 28 April 2006)
Conflict of laws - Jurisdiction clauses - reinsurance: Log in required; The case is a reminder about the importance of using express jurisdiction clauses in contracts, to reduce the scope for dispute regarding forum.; (Submitted: 28 April 2006)
TAG Group Litigation, Commercial Court, 12 April 2006: Log in required; Privilege - Mr Justice Aiken's judgment in this case provides a useful review of the concepts of litigation, legal advice and common interest privilege.; (Submitted: 12 April 2006)
Summary of SISU Capital Fund Ltd and others v Tucker and others [2005] EWHC 2321 (Ch): Log in required; Limitations on costs to be awarded to insolvency office holders in respect of time spent on legal proceedings.; (Last reviewed: 28 March 2006; submitted: 20 November 2005)
Fulham Leisure Holdings Limited v Nicholson, Graham and Jones: Log in required; Privilege - there had been no waiver of privilege in relation to a category of documents where the "transaction" in respect of which the waiver was being made extended solely to legal advice given on one specific occasion and the party waiving privilege was not seeking to rely on anything other than that advice.; (Submitted: 14 March 2006)
Jacqueline Adam v Rasal Ali: Log in required; Limitation - section 33 of the Limitation Act 1980.; (Submitted: 12 March 2006)
Contract - Pre-Contractual Negotiations: Log in required; Case summary of Proforce Recruit Limited v The Rugby Group Limited.; (Submitted: 14 February 2006)
Freezing Injunctions: Log in required; Case summary of Tajik Aluminium Plant v Abdukadir Ganievich Ermatov.; (Submitted: 14 February 2006)
Costs.: Log in required; Case summary of Agassi v Robinson.; (Submitted: 31 January 2006)
Jurisdiction - security for costs - conflict of laws: Log in required; Case summary of Tavoulareas v Tsavliris and Sons Maritime Company.; (Submitted: 22 December 2005)
Scope of arbitration clause - stay of proceedings: Log in required; Case summary of Et Plus SA and others v Welter and others.; (Submitted: 28 November 2005)
Arbitration - Notices: Log in required; The provisions of a contract relating to giving of notice to refer to arbitration are not in general mandatory unless the contract so provides expressly.; (Submitted: 18 July 2005)
Arbitration - Challenges to Awards: Log in required; Section 68 of the Arbitration Act 1996 permits challenges to awards on the ground of irregularity but cannot be used as a device to mount an appeal against an arbitrator’s decision on a point of fact.; (Submitted: 18 July 2005)
Dissolved Companies: Landlord Joined in to Application for Restoration to the Register: Log in required; On an application to restore a company’s name, the court has a wide general discretion to allow persons to be joined to the proceedings.; (Last reviewed: 26 June 2005; submitted: 24 October 2000)
Arbitration - Jurisdiction: Log in required; Claims under one contract cannot, in general, be dealt with under the arbitration clause of another contract save, perhaps, where that other contract amounts to a variation of the first contract.; (Submitted: 14 June 2005)
Brokers Liability for False Transfer: Log in required; Examines a case where a stockbroker who requested a company to register a false transfer of shares was liable to indemnify the company against the expense of correcting the register.; (Last reviewed: 16 February 2005; submitted: 19 November 1999)
Impact of Freedom of Information on the Private Sector: Log in required; Private sector companies providing information to government authorities are concerned about third party access to such information via requests under the Freedom of Information Act. We examine the rights available to access such information and the application of the statutory exemptions available to restrict disclosure in such circumstances.; (Submitted: 11 February 2005)
But is it equitable? Equitable Life and its implications for non-executive directors: Log in required; “A Kafkaesque nightmare” was how one of the non-executive directors involved in the Equitable Life litigation described the experience. This article summarises the decision of the High Court.; (Last reviewed: 11 February 2005; submitted: 31 October 2003)
Costs of Proceedings as Expenses of a Winding-up: Log in required; Case summary of Re Floor Fourteen Limited; Lewis v Commissioner of Inland Revenue (Court of Appeal, 02 November 2000).; (Last reviewed: 15 December 2004; submitted: 15 November 2000)
'Business logic' software copyright infringement: a flight of fancy: Log in required; An important case that establishes the limitations of copyright protection for the business logic delivered by software and for the command codes used in running software applications.; (Submitted: 10 December 2004)
Adjudication - Injunction: Log in required; In order to obtain an injunction against an adjudication proceeding on the same subject matter as before (if the contract does not allow this) it will be necessary to show that the same sums are being claimed under the same contractual provisions: Skanska Construction UK Limited v ERDC Group Limited and Another.; (Last reviewed: 16 November 2004; submitted: 21 January 2003)
Adjudication - Enforcement: Log in required; If an adjudicator's award amounts only to a declaration that an amount has become due, then the paying party may still serve a witholding notice prior to the final date for payment in respect of that sum: Shimizu Europe Limited v LBJ Fabrications Limited.; (Last reviewed: 16 November 2004; submitted: 16 June 2003)
Adjudication - Natural Justice: Log in required; Natural justice requires that an adjudicator should allow the parties to comment on any material of which he takes account in his award: RSL (Southwest) Limited v Stansell Limited.; (Last reviewed: 16 November 2004; submitted: 08 July 2003)
Adjudication - Stay of Enforcement: Log in required; Case summary of Rainford house Ltd v Cadogan Ltd, 13 February 2001 (Technology and Construction Court) HHJ Seymour QC.; (Last reviewed: 16 November 2004; submitted: 29 March 2001)
Adjudication - Residential Occupiers: Log in required; Where the provisions of the Construction Act do not apply to a contract, then terms providing for the referral of disputes to adjudication can only be relied on against a consumer if specifically explained at the time the contract is entered into by the party seeking to rely on them: Picardi v Cunibert.; (Last reviewed: 16 November 2004; submitted: 04 April 2003)
Adjudicators - Jurisdiction: Log in required; If parties have entered into a contract for construction operations to which the Construction Act applies but the terms cannot readily be identified, then the Scheme will apply to the contract to enable Notice of Adjudication to be given: Pegram Shopfitters Limited v Tally Weijl (UK) Limited.; (Last reviewed: 16 November 2004; submitted: 23 April 2003)
Adjudication - disputes: Log in required; A dispute will, in general, arise for the purpose of adjudication under the Construction Act once money is claimed unless and until it is admitted as due and payable: Orange EBS Limited v ABB Limited.; (Last reviewed: 16 November 2004; submitted: 08 July 2003)
Adjudication - Enforcement: Karl Construction (Scotland) Limited v Sweeney Civil Engineering (Scotland) Limited: Log in required; Case summary of Karl Construction (Scotland) Limited v Sweeney Civil Engineering (Scotland) Limited, 21 September 2000, Outer House Court of Session (Scotland), Lord Caplan.; (Last reviewed: 16 November 2004; submitted: 01 March 2001)
Adjudication Enforcement: Log in required; Where a contract contains a term which supersedes the obligation to pay the adjudicator's award, then that term will operate so as to prevent immediate enforcement of the award. Bovis Lend Lease v Triangle Development Limited.; (Last reviewed: 16 November 2004; submitted: 17 December 2002)
Adjudication - Human Rights: Log in required; The impact of a recent case that seeks to protect the adjudication scheme from challenges based on human rights legislation.; (Last reviewed: 16 November 2004; submitted: 18 May 2001)
Adjudication - enforcement: Log in required; If an adjudicator, in reaching his decision, considers the terms of a contract other than that referred to him, his decision may be made in a excess of jurisdiction and will not be enforced: Joinery Plus Limited v Laing Limited.; (Last reviewed: 16 November 2004; submitted: 04 April 2003)
Adjudication - Mediation and Bias: Log in required; Review of Glencot development v Ben Barrett, 13 February 2001 (Technology and Construction Court) HHJ Lloyd QC.; (Last reviewed: 16 November 2004; submitted: 29 March 2001)
Adjudication - jurisdiction: Log in required; A contract for appointment of a contract administrator is a "construction contract" within the meaning of the Housing Grants Construction and Regeneration Act 1996. Gillies Ramsay Diamond v PJW Enterprises Limited 27 June 2002 (Outer House Court of Session Scotland).; (Last reviewed: 16 November 2004; submitted: 14 November 2002)
Adjudication - Enforcement: Log in required; Contractual clauses which purport to avoid immediate enforcement of an adjudicator’s decision run contrary to the intention of the Construction Act and are likely to be struck down: Ferson Contractors Limited v Levolux AT Limited.; (Last reviewed: 16 November 2004; submitted: 25 February 2003)
Adjudicators’ Jurisdiction: Log in required; Review of Fence Gate Limited v James R Knowles Limited (Technology and Construction Court, Salford) HHJ Gilliland QC - 31 May 2001.; (Last reviewed: 16 November 2004; submitted: 22 June 2001)
Adjudication - Enforcement: Log in required; Challenges to an adjudicator’s jurisdiction must be made as early as possible as any failure to do so may amount to waiver of any lack of jurisdiction: Cowlin Construction Limited v CFW Architects.; (Last reviewed: 16 November 2004; submitted: 25 February 2003)
Enforcement of Adjudicators' Award: Log in required; A claim not raised in an adjudication cannot subsequently be relied on either as a defence to a summary judgment application or as a set-off against the amount of an award.; (Last reviewed: 16 November 2004; submitted: 18 October 2002)
Legal Professional Privilege: Log in required; Case summary of Sumitomo Corp v Credit Lyonnais Rouse Limited, Commercial Court, 14 February 2001.; (Last reviewed: 13 July 2004; submitted: 21 February 2001)
Legal Indemnity Insurance and the Third Parties (Rights against Insurers) Act 1930: Log in required; Case summary of Tarbuck v Avon Insurance (Commercial Court, 14 November 2000).; (Last reviewed: 13 July 2004; submitted: 21 November 2000)
Judicial Review and the London Metal Exchange: Log in required; Are London Metal Exchange Disciplinary Committee decisions amenable to Judicial Review?; (Last reviewed: 13 July 2004; submitted: 04 October 2000)
Interpretation of Statutory Provisions – Use of Hansard: Log in required; Case summary of A E Beckett & Sons (Lyndons) Limited and Others v Midlands Electricity Plc, Court of Appeal, 08 December 2000.; (Last reviewed: 13 July 2004; submitted: 19 December 2000)
Guarantee and Indemnity: Log in required; Case summary of Consolidated Oil Limited v American Express Bank Limited, Court of Appeal, 21 January 2000.; (Last reviewed: 13 July 2004; submitted: 19 December 2000)
Date for Testing Domicile Under the Lugano Convention: Log in required; Brief Summary of Canada Trust Company –v- Stolzenberg & Others, House of Lords, 12 October 2000.; (Last reviewed: 13 July 2004; submitted: 16 October 2000)
Conflict of laws and bankruptcy: Log in required; Case summary of Ashurst v Pollard and Another (Court of Appeal, 21 November 2000).; (Last reviewed: 13 July 2004; submitted: 28 November 2000)
Conflict of laws – tort – law applicable to the assessment of damages: Log in required; Brief summary of Edmunds v Simmonds, Queen's Bench Division, 04 October 2000.; (Last reviewed: 13 July 2004; submitted: 13 October 2000)
Conflict of laws: Log in required; Case summary of USF Limited v Aqua Technology Hanson N.V., Commercial Court, 30 January 2001.; (Last reviewed: 13 July 2004; submitted: 06 February 2001)
Claims for Contribution from Insurer: Log in required; Case summary of Bovis Construction and Another v Commercial Union, Commercial Court, 29 November 2000.; (Last reviewed: 13 July 2004; submitted: 14 December 2000)
Claims Against Concurrent Tortfeasors: Log in required; Case summary of Jal Mehta v Andrew Stephen Reid, Evans Dodd and Bevridge, Ross and Prevezer, Court of Appeal 19 December 2000.; (Last reviewed: 13 July 2004; submitted: 09 January 2001)
Breach of the Rules of Natural Justice: Log in required; Case summary of R v The Institute of Chartered Accountants of England and Wales ex parte Eliades, Administrative Court, 30 November 2000.; (Last reviewed: 13 July 2004; submitted: 14 December 2000)
Application to Restrain UK Government from Implementing EC Directive: Log in required; Case summary of R v Secretary of State for Health and Others, ex parte Imperial Tobacco Limited and Others, House of Lords 07 December 2000.; (Last reviewed: 13 July 2004; submitted: 14 December 2000)
Application for Permission to Apply for Judicial Review: Log in required; Case summary of R v Secretary of State for Trade and Industry ex parte Eastaway (House of Lords, 02 November 2000).; (Last reviewed: 13 July 2004; submitted: 07 November 2000)
An Examination of the House of Lords' Approach to Estoppel and the Recoverability of Damages: Log in required; An analysis of the issues raised in Johnson v Gore Wood & Co (a firm), House of Lords, 14 December 2000.; (Last reviewed: 13 July 2004; submitted: 16 January 2001)
Abuse of Process - Recovery of Losses Suffered by a Company and its Shareholder: Log in required; Case summary of Johnson v Gore Wood & Co (a firm), House of Lords, 14 December 2000.; (Last reviewed: 13 July 2004; submitted: 19 December 2000)
Third Party Debt Orders – Foreign Debt: Log in required; Case summary of Société Eram Shipping Co Ltd v Compagnie Internationale de Navigation and Others.; (Last reviewed: 17 June 2004; submitted: 19 June 2003)
Non-Party Disclosure – Interviews under caution: Log in required; Case summary of Rowe v Fryers.; (Last reviewed: 17 June 2004; submitted: 28 May 2003)
Security for Costs – Foreign Government: Log in required; Case summary of Government of Sierra Leone v Davenport.; (Last reviewed: 17 June 2004; submitted: 20 May 2003)
Privilege: Log in required; Case summary of Three Rivers District Council v Governor and Company of the Bank of England (No. 7).; (Last reviewed: 17 June 2004; submitted: 14 April 2003)
Money Laundering – Interim Declarations: Log in required; Case summary of Amalgamated Metal Trading Limited v City of London Police, Financial Investigation Unit and Others.; (Last reviewed: 17 June 2004; submitted: 14 April 2003)
Limitation: Log in required; Case summary of McCarroll v Statham Gill Davies.; (Last reviewed: 17 June 2004; submitted: 14 April 2003)
Limitation Periods in Claims of Solicitors Negligence: Log in required; Case summary of Fennon v Anthony Hodari (Court of Appeal, 21 November 2000).; (Last reviewed: 17 June 2004; submitted: 28 November 2000)
Privilege: Log in required; Case summary of Istil Group Inc v Zahoor.; (Last reviewed: 17 June 2004; submitted: 25 February 2003)
Service out of the Jurisdiction: Log in required; Case summary of Chare v Fairclough.; (Last reviewed: 17 June 2004; submitted: 27 January 2003)
Procedure - Costs: Log in required; Case summary of Leigh v Michelin Tyre Plc.; (Last reviewed: 17 June 2004; submitted: 31 December 2003)
Negligence - Duty of Care: Log in required; Case summary of Great North Eastern Railway Limited v Hart; (Last reviewed: 17 June 2004; submitted: 31 December 2003)
Limitation - Use of Hansard.: Log in required; Case summary of McDonnell v Congregation of Christian Brothers Trustees; (Last reviewed: 17 June 2004; submitted: 31 December 2003)
Disclosure - Data Protection.: Log in required; Case summary of Durant v Financial Services Authority.; (Last reviewed: 17 June 2004; submitted: 31 December 2003)
Damages: Log in required; Case summary of Lagden v O’Connor; (Last reviewed: 17 June 2004; submitted: 31 December 2003)
Contracts (Rights of Third Parties) Act 1999: Log in required; Case summary of Nisshin Shipping Company Limited v Cleaves & Co Limited.; (Last reviewed: 17 June 2004; submitted: 17 December 2003)
Experts - Waiver of Privilege: Log in required; Case summary of Lucas v Barking, Havering & Redbridge Hospitals NHS Trust; (Last reviewed: 17 June 2004; submitted: 31 October 2003)
Failure to Comply with FSA Investigations: Log in required; Case summary of Financial Services Authority v Westcott.; (Last reviewed: 17 June 2004; submitted: 21 October 2003)
Without Prejudice: Log in required; Case summary of Prudential Assurance Co. Limited v Prudential Insurance Co of America.; (Last reviewed: 17 June 2004; submitted: 20 August 2003)
Without Prejudice: Log in required; Case summary of Prudential Assurance Co. Limited v Prudential Insurance Co of America.; (Last reviewed: 17 June 2004; submitted: 17 January 2003)
Interest: Log in required; Case summary of Quorum AS v Schramm, Commercial Court, 21 November 2001.; (Last reviewed: 16 June 2004; submitted: 29 January 2002)
Tort – Conversion – Conflict of Laws: Log in required; Case summary of Kuwait Airways Corp v Iraqi Airways Co., House of Lords, 16 May 2002.; (Last reviewed: 16 June 2004; submitted: 21 May 2002)
Interest: Log in required; Case summary of Saleem Jaura v Saeeda Ahmed, Court of Appeal, 21 February 2002.; (Last reviewed: 16 June 2004; submitted: 25 February 2002)
Tomlin Orders: Log in required; A Tomlin Order (agreed terms for resolution of proceedings) will not be enforced where neither party has shown that they are ready and willing to be bound by the terms of the order.; (Submitted: 27 May 2004)
Communications and document creation: managing the risks: Log in required; In this article the legal risks arising out of communications and document creation are highlighted and the strategies that companies can use to manage these risks are considered.; (Last reviewed: 20 April 2004; submitted: 20 September 2003)
Enforcement by the state courts of interim relief ordered by the Arbitral Tribunal: Log in required; Comparative study of the enforcement of interim relief granted by arbitral tribunals through the German, French and English courts.; (Last reviewed: 11 February 2004; submitted: 28 October 2002)
Le préjudice lié à la rupture fautive de relations commerciales établies: Log in required; Une analyse des méthodes utilisées pour prouver l’existence et le montant d’un préjudice lié à la rupture fautive de relations commerciales établies.; (Submitted: 31 January 2004)
La rupture fautive de relations commerciales établies: Log in required; Analyse des dispositions légales et de la jurisprudence; (Submitted: 31 January 2004)
Rupture fautive d’un contrat de distribution et pratiques anticoncurrentielles: Log in required; Analyse des dispositions légales et de la jurisprudence; (Submitted: 31 January 2004)
Crim 24 octobre 2000 (Bull. n° 308): Log in required; Les personnes morales sont responsables pénalement de toute faute non intentionnelle de leurs organes ou représentants constitutive du délit de blessures involontaires, alors même que sans faute délibérée ni caractérisée la responsabilité pénale des personnes physiques ne pourrait être recherchée.; (Last reviewed: 27 January 2004; submitted: 23 July 2002)
Civ 1, 6 février 2001 Peavy Co c/ Organisme général pour les fourrages (OGF): Log in required; Dans une chaîne homogène de contrats translatifs, la clause d’arbitrage international figurant dans le contrat initial se transmet sans qu’il soit besoin que le sous-acquéreur l’ait acceptée ; en présence d’une clause compromissoire, le juge étatique n’a pas le pouvoir de statuer, et la circonstance de la prorogation de compétence en cas de pluralité de défendeurs n’y change rien.; (Last reviewed: 27 January 2004; submitted: 23 July 2002)
Ass. plén. 16 novembre 2001 Archambeau et autres c/ Mme Jacquet, ép. Candela (pourvoi n° 99-20.114): Log in required; La Cour de cassation contrôle le caractère non sérieusement contestable de l’existence d’une obligation dans le cadre d’une procédure de référé-provision (art. 809, al. 2 du code de procédure civile).; (Last reviewed: 27 January 2004; submitted: 23 July 2002)
Global Counsel 3000 Trading Direct 2003: Doing Business in Japan: Log in required; A guide to "Doing Business in Japan" prepared by Simmons & Simmons/TMI Associates published in the Global Counsel 3000 Trading Direct 2003 Handbook.; (Submitted: 09 January 2004)
Pre action disclosure: Log in required; Case summary of Commissioners of the Inland Revenue v Blue Slate Limited.; (Submitted: 17 December 2003)
TGI Nice, Ord Ref 10 avril 2003, TGI Lyon, Ord ref 14 avril 2003, Com 23 avril 2003: Log in required; La preuve et le courrier électronique, la délicate mise en application des principes; (Submitted: 30 September 2003)
Assessment of Damages: Log in required; In assessing damages based on the worth of a party the court will take into account matters which would have been considered by a prudent purchaser, and these may include the financial position of an associated but separate company: Johnson v Techni-Track.; (Submitted: 29 September 2003)
Sale of Goods: Log in required; For the purposes of Section 14(3) of the Sale of Goods Act 1979, it is possible for a buyer to rely in part only on the seller’s skill and judgement in relation to goods he is purchasing: Jewson v Boyhan (personal representative of the Estate of Kelly).; (Submitted: 29 September 2003)
Limitation: Log in required; Under Section 14A of the Limitation Act 1980 a claimant’s insurer’s loss adjuster’s knowledge of relevant facts will in general be treated as applicable to the claimant himself: Graham v Entec Europe Limited.; (Submitted: 29 September 2003)
Final Certificate: Log in required; Completion of adjustments to the contract sum in the JCT Standard Form of Contract is a condition precedent to the issue of the final certificate under that contract: Cantrell v Wright & Fuller Ltd.; (Submitted: 29 September 2003)
Compromise Agreement: Log in required; Cashing of a cheque offered in settlement of a debt or retention without rejection will generally be strong evidence of acceptance of the settlement although it will not necessarily be conclusive: Bracken v Billinghurst.; (Submitted: 29 September 2003)
Omissions: Log in required; A contractor will only be able to omit work from a building contract and award it to another contractor if the contract contains very clear wording to that effect: Abbey Developments Limited v PP Brickwork Limited.; (Submitted: 29 September 2003)
Insurance Claims: Log in required; Where work that has been carried out under separate and distinct phases of a project and similar claims arise for each phase, each claim is treated separately in aggregation of claim limits under an insurance policy: Mabey & Johnson v Ecclesiastical Insurance.; (Submitted: 08 July 2003)
Notice of Completion: Log in required; The test for interpretation for a notice of completion under a development agreement will generally be as to how a "reasonable recipient would have understood the notice on an objective basis": Embankment Place Hotels v Blackfriars Hotels.; (Submitted: 08 July 2003)
Building Act 1984 Notices: Log in required; Notice of commencement of works under the Act must be given before work actually begins and such notice cannot be given retrospectively: Butler & Young v Bedford Borough Council.; (Submitted: 08 July 2003)
Insurance – Scope of Policy: Log in required; Under a contractor’s all risks policy, removal of defective work to replace it with work of the quality required does not generally amount to "damage" to the defective work: AMEC v Norwich Union.; (Submitted: 08 July 2003)
Adjudication – The Scheme: Log in required; If any one of the terms required to be included in a contract by the Construction Act is not present, then the Scheme will operate to imply that term but not to any greater extent: Hills Electrical & Mechanical Plc v Dawn Construction Limited.; (Submitted: 19 June 2003)
Termination: Log in required; Failure to pay sums due under a construction contract can, and often does, amount to repudiatory conduct by the employer, particularly where the amount involved is relatively sizeable and there is a threat not to pay further sums as they become due: Elvin v Noble.; (Submitted: 19 June 2003)
Adjudication: Claims against Insurers: Log in required; In order for an adjudicator’s award to be enforced under the Third Parties (Rights Against Insurers) Act 1930, a court order for summary judgment must first be obtained in respect of the award: Galliford UK v Market Capital Limited.; (Submitted: 16 June 2003)
Formation of Contract: Log in required; Although Clause 4.11 of the JCT Intermediate Form of Contract 1998 is interpreted to mean that written notices are a condition precedent to loss and expense claims, this clause operates without prejudice to the contractor’s other rights and remedies: Harvey Shopfitters Limited v ADI Limited.; (Submitted: 16 June 2003)
Bonds: Injunctions against Calls: Log in required; In respect of an on-demand bond, the court will only grant an injunction against a call on the bond where there is evidence of bad faith: TTI Team Telecom v Hutchinson 3G UK Limited.; (Submitted: 16 June 2003)
Nuisance – damages: Log in required; Although the normal measure of damages for nuisance is the cost of repairing damage, lost profits may be recovered instead where the land is rendered less useful by reason of the acts of nuisance relied on: Vukelic v London Borough of Hammersmith and Fulham.; (Submitted: 21 May 2003)
Formation of Contract: Log in required; The basic legal requirements for formation of a binding contract are offer, acceptance, intention to create legal relations and consideration: Twintec Limited v GSE Building and Civil Engineering Limited.; (Submitted: 21 May 2003)
Guaranteed Maximum Price: Log in required; A clause excluding liability for (but not distinguishing between fraudulent and innocent) misrepresentation is unlikely to be invalid for unreasonableness but will not operate so as to exclude fraudulent misrepresentation: Mowlem Plc (Formerly John Mowlem and Company Plc) v Newton Street Ltd.; (Submitted: 21 May 2003)
Formation of Contract: Log in required; Where work is generally rendered on a gratuitous basis, an implied promise to pay may arise in the particular circumstances of the case, at which time reasonable remuneration may be payable for any work performed from that point: Dinkha Latchin v General Mediterranean Holdings and Others.; (Submitted: 21 May 2003)
Construction Act – Applicability: Log in required; Even if works have been carried out on a site where the primary activity is water treatment, the Construction Act will still apply to them if those works do not physically connect to plant or machinery used for the purpose of water treatment: Comsite Projects Limited v Andritz AG.; (Submitted: 21 May 2003)
Adjudication - disputes: Log in required; For the purpose of adjudication, a dispute arises where an issue or issues need to be decided in relation to a point which has emerged from a process of discussion or negotiation: Beck Peppiatt v Norwest Holst Construction Limited.; (Submitted: 21 May 2003)
Adjudication - Enforcement: Log in required; Notices to Refer to Adjudication cannot be given where no "dispute" has yet arisen between the parties: R Durtnell & Sons Limited v Kuduna Limited.; (Submitted: 23 April 2003)
FIDIC Conditions – Claims: Log in required; Under Clause 53.4 of the FIDIC Conditions 4th Edition, contemporary records are required to support claims and any gap in those records cannot be filled by witness statements: Attorney General for the Falkland Islands v Gordon Forbes Construction Limited.; (Submitted: 23 April 2003)
Defective Premises Act – Limitation: Log in required; Where further work is carried out to remedy a defect to which the Defective Premises Act 1972 applies, then if the work is unsuccessful the limitation period in respect of the defect runs from the date when the remedial work was completed rather than that of the original work: Alderson and Alderson v Beetham Organisation Ltd.; (Submitted: 23 April 2003)
Negligence/contributory negligence: Log in required; In appropriate cases, apportionment of liability for contributory negligence may be assessed by finding the total loss to the claimant and deducting the amount that was lost due to the claimant’s own negligence: Sahib Foods Limited v Paskin Kyriakides.; (Submitted: 04 April 2003)
Limitation - amendments: Log in required; In a claim for breach of contract or negligence arising out of inaccurate representations, the cause of action will generally accrue for limitation purposes at the time of delivery of the relevant equipment rather than the date of representations: Proctor and Gamble Limited and Others v Carrier Holdings Limited and Others.; (Submitted: 04 April 2003)
Damages - Assessment: Log in required; Management time spent by a claimant’s employee in organising and co-ordinating remedial works can be recovered from a defendant if the employee is prevented as a result from devoting his time to his other duties: Europools Plc v Clydeside Steel Fabrications Limited.; (Submitted: 04 April 2003)
Judgment – Charges: Log in required; A charge over a judgment sum continues to operate even where settlement is obtained from insurers by use of the Third Parties (Rights Against Insurers) Act 1930: Cavaliere v Legal Services Commission.; (Submitted: 04 April 2003)
Printed Email Admissible as Evidence: Log in required; The Chinese Court for the first time, have allowed e-mails to be tendered as evidence in court proceedings.; (Last reviewed: 25 March 2003; submitted: 01 December 2000)
Penalties: Log in required; A clause may amount to a penalty and therefore be unenforceable if it is not a genuine pre-estimate of loss and whether or not it is freely agreed to by the parties: JeanCharm Limited v Barnet Football Club.; (Submitted: 26 February 2003)
Invoices - breakdown: Log in required; Case summary of London Underground Limited v Pillar Broadway Limited.; (Submitted: 26 February 2003)
Insurance – Liability for Negligence: Log in required; Clauses in the JCT Intermediate Form require insurance against Specified Perils to operate so as to exclude the contractor from liability to the employer for those Perils: GD Construction (St Albans) Limited v Scottish & Newcastle Plc.; (Submitted: 26 February 2003)
Negligence – assessment of loss: Log in required; In claims against an architect for failure to provide information, the calculation of loss must be related to the scope of the architect's duty to warn and must be foreseeable to be recoverable: HOK Sport Limited (formerly Lobb Partnership Limited) v Aintree Racecourse Company Limited.; (Submitted: 26 February 2003)
Guaranteed Maximum Price: Log in required; Decisions of the Technology and Construction Court have special characteristics which result in reluctance of the Court of Appeal to reconsider them on appeal as regards factual issues: Skanska Construction UK Limited v Egger (Barony) Limited.; (Submitted: 21 January 2003)
Indemnity Costs: Log in required; Costs will only be awarded against a party on an indemnity basis if it can be demonstrated that he conducted litigation unfairly. Watson Wyatt Partners v Maxwell Batley.; (Submitted: 17 December 2002)
Specific Performance: Log in required; Specific performance of an agreement to carry out building works will not be given where the claimant, rather than the defendant, is in possession of the land in question. North East Lincolnshire Borough Council v Millennium Park Limited.; (Submitted: 17 December 2002)
Health and Safety: Log in required; In general, Regulations made for health and safety purposes must be interpreted in a manner consistent with their background and, in particular, so as to refer to foreseeable circumstances. Horton v Taplin Contracts Limited.; (Submitted: 17 December 2002)
Interpretation of Statutes: Log in required; Unless a contrary intention can be shown, the word "land" in a statute includes installations and equipment attached to the land. British Waterways Board v (1) London Power Networks plc and (2) Secretary of State for Trade and Industry.; (Submitted: 17 December 2002)
New Evidence: Log in required; Following a trial, new evidence will only be admitted if special reasons can be shown and it is likely that the new evidence would have a strong influence on the outcome of the trial if admitted at that stage. Daly v Sheikh, 24 October 2002 (Court of Appeal).; (Submitted: 14 November 2002)
Nuisance: Log in required; In appropriate circumstances, a mandatory injunction will be ordered for relevant works to be carried out in order to abate a nuisance.; (Submitted: 18 October 2002)
Disclosure by third parties: Log in required; When deciding whether documents owned by third parties should be disclosed in an action, the Court must decide the issue on the same factors as apply to parties to the action, namely their relevance to the cases of the parties and if they are necessary for the matter to be disposed of or to save costs.; (Submitted: 18 October 2002)
Discontinuance: Log in required; Where an interim injunction has been granted or an undertaking as to damages given, parties subject to these orders (but not other parties) may require the court's permission to be obtained before the relevant proceedings can be discontinued.; (Submitted: 18 October 2002)
Product liability - Causation in liability claims.: Log in required; The Court of Appeal has upheld the first instance decision in Fairchild v Glenhaven. Consumers injured by goods manufactured by a number of companies who are unable to establish which company caused the injury may have no remedy.; (Last reviewed: 23 July 2002; submitted: 22 February 2002)
Adjudication - Enforcement: Log in required; An error of law as to the terms of payment under a contract can amount to an irrelevant consideration on the part of an adjudicator so that his award on that basis would not be enforced as it has been made outside his jurisdiction.; (Last reviewed: 08 March 2002; submitted: 05 October 2001)
Arbitration – Removal of Arbitrator: Log in required; A review of Miller Construction Limited v James Moore Earth Moving - 06 April 2001 (Court of Appeal).; (Last reviewed: 16 January 2002; submitted: 18 May 2001)
Adjudication - Natural Justice: Log in required; Adjudicators: it's good to talk.; (Last reviewed: 16 January 2002; submitted: 18 May 2001)
Third Party Intervention: Log in required; Case summary of Roberts v Bettany, 22 January 2001 (Court of Appeal); (Last reviewed: 16 January 2002; submitted: 01 March 2001)
Construction of Arbitration Clauses: Log in required; Case summary of David Wilson Homes v Surrey Services Limited, 18 January 2001 (Court of Appeal).; (Last reviewed: 16 January 2002; submitted: 01 March 2001)
Removal of Arbitrator: Log in required; Case summary of Miller Construction Limited v James Moore Earthmoving, 01 November 2000 (Technology and Construction Court) HHJ Seymour QC.; (Last reviewed: 16 January 2002; submitted: 13 December 2000)
Assessment of Damages: Log in required; Case summary of London Electricity Plc v Quattro United Kingdom Limited, 05 October 2000 (Technology and Construction Court) HHJ Seymour QC.; (Last reviewed: 15 January 2002; submitted: 13 December 2000)
First decision under the Nominet Dispute Resolution Service: Log in required; Analysis of the first decision made under the Nominet Dispute Resolution Procedure.; (Submitted: 13 December 2001)
Clarification of Liability for Copying Journal Articles: Log in required; An analysis of the House of Lords' decision in Newspaper Licensing Agency v Marks & Spencer concerning the freedom to make and distribute copies of newspaper articles.; (Submitted: 04 September 2001)
International Classification of Trade Marks: Log in required; The international classification of trade marks. A schedule setting out the trade mark classes and the various goods classified within them.; (Last reviewed: 23 March 2001; submitted: 01 February 2000)

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