18 February 2022 Insight Arbitration Challenging arbitration awards: recent amendments seek to limit unmeritorious challenges On 3 February 2022, the 11th edition of the Commercial Court Guide of England & Wales was published. Of interest to arbitration users, amendments were made to section O of the Guide which concerns arbitration claims and applications filed in the Commercial Court. Bookmark this page 3 min read
26 January 2022 Insight Litigation round-up January 2022 A round-up of some recent litigation cases that may be of interest. Bookmark this page 3 min read
26 January 2022 Insight Secondary victim claims for psychiatric injury – where are we now? It’s long been accepted that someone who suffers psychiatric damage after witnessing an accident can claim damages from the person whose negligence caused the accident. The Court of Appeal has recently considered the position of so-called secondary victims in the context of clinical negligence claims. The court’s conclusions are likely to lead to a fundamental reassessment of the law in this area and could lead to a less restrictive approach to secondary victim claims. Bookmark this page 6 min read
25 January 2022 Insight Service out of the jurisdiction where agreements are concluded by email with overseas counterparties A recent case offers a salient reminder regarding service out provisions. If in doubt, adopt a dispute resolution clause. Bookmark this page 8 min read
25 January 2022 Insight Self-reporting obligations for regulated financial services firms We provide an overview of general self-reporting obligations for financial services firms regulated by the Financial Conduct Authority, including some key questions and answers. Bookmark this page 4 min read
24 January 2022 Insight Coronavirus Dispute resolution in a post coronavirus and Brexit world – should you be considering arbitration? With light at the end of the tunnel of the pandemic and Brexit now having been implemented, is now the time that parties should consider whether arbitration provides them with an alternative to traditional court litigation? Bookmark this page 5 min read
24 January 2022 Insight PRIME Finance Arbitration: What is it and how does it work? P.R.I.M.E. Finance is a panel of recognised international market experts in finance established in 2012 to assist parties to resolve disputes concerning financial transactions and products. Bookmark this page 3 min read
7 December 2021 Insight Are pre-action protocols working? In April 1999, a number of reforms, generally referred to as the Woolf Reforms after Lord Woolf, by reference to his reports looking at access to the civil justice system, came into being. Bookmark this page 3 min read
17 November 2021 Insight Top tips from the experts for protecting your IP in the fashion industry In this article, we discuss changing trends in approaches to copying of designs and litigation in the fashion industry, the different approaches fashion brands take to IP protection and top tips from our experts on what to think about when protecting and enforcing your IP. Bookmark this page 3 min read
12 November 2021 Insight Litigation roundup - November 2021 A round-up of some recent litigation cases that may be of interest. Bookmark this page 3 min read
12 November 2021 Insight Taking the “alternative” out of ADR Many commentators have been saying that compulsory mediation is on its way, possibly as soon as April 2022, following the publication of the Civil Justice Council’s report Compulsory ADR (alternative dispute resolution) in June this year. We consider what this could mean in practice and the immediate effect on litigants. Bookmark this page 7 min read
12 November 2021 Insight The future of limitation The Building Safety Bill proposes to retrospectively extend the limitation period for claims under the Defective Premises Act 1972. This would give every homeowner 15 years instead of six in which to take action against the people who built their building. We provide a refresher on limitation rules and the practical consequences of a change of this kind. Bookmark this page 4 min read
12 November 2021 Insight Privacy claims, malicious hacks and mis-sent emails Aggressive and costly civil litigation following a data security breach has become increasingly prevalent over the last few years. We look at recent cases and the current status of these claims. Bookmark this page 5 min read
26 August 2021 Insight Service by email – a survivor’s guide Unauthorised or non-compliant service by email is causing problems for litigants and their solicitors. We review the rules and the prospect of getting relief from the court. Bookmark this page 8 min read
26 August 2021 Insight “Standard Terms & Conditions Apply” – a salutary lesson about incorporation into a contract and reasonableness under UCTA 1977 We look at the operation of T&Cs in business to business contracts as illustrated by the recent case of Phoenix Interior Design Ltd v Henley Homes Plc & Union Street Holdings Ltd. Bookmark this page 6 min read
26 August 2021 Insight A refresher on litigation privilege in light of Qatar v Banque Havilland The recent decision in State of Qatar v Banque Havilland SA yet again highlights the difficulties that remain when a party tries to assert litigation privilege over documents that have been created for more than one purpose. In this article, we provide a brief refresher of the key requirements where a party wishes to assert litigation privilege to avoid disclosure of a document. We also consider the implications of the Qatar decision and conclude with a checklist of points to bear in mind in the context of investigations. Bookmark this page 3 min read
26 August 2021 Insight Litigation round-up August 2021 A round-up of some recent litigation cases that may be of interest. Bookmark this page 2 min read
19 August 2021 Insight Limitations to the Building Safety Bill On 4 July 2021, the Housing Secretary Robert Jenrick announced that neither the taxpayer nor a leaseholder should have to fund works to remediate “shoddy workmanship”. In the context of dangerous cladding, he announced an "unusual change in the law" to retrospectively change the law to "give every homeowner 15 years in which to take action against the people who built their building". Bookmark this page 6 min read
19 August 2021 Insight The wrongs of assigning rights JCT assignment provisions seldom fall under the court’s microscope. This makes a recent TCC decision about such clauses in the context of whether an employer could be joined to a cladding claim all the more important. This is not a final judgment but is instead a consideration of an interim strike out application involving Aviva Investors Ground Rent Group GP Limited and Aviva Investors Ground Rent Holdco Limited v Shepherd Construction Limited [2021] EWHC 1921 (TCC). Bookmark this page 5 min read
7 July 2021 Insight Validation Orders under Section 284 Insolvency Act The Court has recently upheld a refusal to validate payments to fund connected litigation where there was no evidence of a corresponding benefit to the bankruptcy proceedings. Bookmark this page 2 min read