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Supreme Court delivers key judgment on the availability of Wrotham Park “negotiating” damages
02 July 2018The Supreme Court has considered an important question in relation to damages. In what circumstances can damages for breach of contract be assessed by reference to the sum the claimant could hypothetically have received, known as Wrotham Park damages, in return for releasing the defendant from the obligation he had failed to perform?
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You’ve started – so you’ll finish
11 June 2018Claimants commencing proceedings in the Courts of England and Wales may not be able to end those proceedings simply by serving a notice of discontinuance and can be required to take the matter to trial. In this case the claimants were not permitted to discontinue their claim for the recognition and enforcement of an arbitration award under the New York Convention.
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Dispute Resolution Update - May 2018
24 May 2018Welcome to the May 2018 Dispute Resolution Update which brings you news and our views on law and practice for dispute resolution. We’ve included articles on domestic disputes and international disputes, including summaries of recent cases. We have also included client guides on key aspects of dispute resolution.
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Supreme Court upholds requirement to record variations in writing
24 May 2018Rock Advertising Limited v MWB Business Exchange Centres Limited is an important case. In fact, the opening paragraph of Lord Sumption’s judgment describes it as an “exceptional” appeal, raising “truly fundamental issues” of contract law.
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Liquidator loses protection of a freezing order following serious failings at earlier ex parte hearing
14 May 2018In Banca Turco Romana S.A. (in liquidation) v Cortuk and Others, the Commercial Court in London has underlined the need for applicants to give full and frank disclosure when seeking relief at ex parte (without notice) hearings.
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Service of a Claim Form by email – get it wrong at your peril
27 March 2018Communicating by e-mail is common practice. However unless you adhere to the procedural steps required by the Civil Procedure Rules service of a claim form by email will be defective. The Supreme Court’s decision considered whether to grant relief from sanctions to an unrepresented party for failing to adhere to the procedural steps.
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When the clock strikes midnight there is no more time to go to court!
08 March 2018In Matthew & Ors v Sedman & Ors [2017] EWHC 3527 (Ch) the court has had to decide when the limitation period ends on a claim where the cause of action arose on the stroke of midnight.
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This is my advice. By the way, it might be wrong!
05 March 2018When do solicitors have to warn their client that the advice they are giving may turn out to be incorrect? The Court of Appeal has recently considered this issue.
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Early Specific Disclosure Applications – factors the court will consider
22 January 2018A decision in the Technology and Construction Court (“TCC") sheds light on the applicable test for early specific disclosure and the relevant considerations in making a successful application. Applications for early specific disclosure are relatively rare so the judgment provides helpful guidance.
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English courts and overseas defendants: jurisdiction challenges and the “two-fold test”
15 January 2018When a dispute involves a foreign party or events that took place in another jurisdiction, questions often arise as to where the dispute should be determined.
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Compulsory mediation?
11 January 2018In October 2017 the Civil Justice Council (CJC) published its interim report on the future role of alternative approaches to dispute resolution (ADR). The report makes various recommendations as well as inviting responses. It follows input from a working group tasked in January 2017 to examine uptake of ADR in civil justice. The primary purpose of the report is to find ways to encourage its use.
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Disclosure in English litigation: a sea change is coming
09 January 2018English rules on disclosure (‘discovery’ in many jurisdictions) are set for a major overhaul. Draft rules were published in November 2017. Once approved by the Civil Procedure Rules Committee, the resulting draft is intended to be introduced as part of a pilot scheme lasting 2 years, potentially beginning in April 2018 and running in the Business and Property Courts. This will cover virtually all High Court litigation. It will not be optional.
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Erosion of privilege – Law Society seeks to intervene
08 January 2018The Law Society is applying to intervene in the upcoming appeal of the landmark privilege decision in Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”).
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Use of disclosed documents to threaten new proceedings was a breach of court rules and may amount to a contempt of court by the solicitor and client
12 December 2017The Civil Procedure Rules (CPR) provide that using documents disclosed in existing proceedings (except for the specific purposes allowed) breach the rules. CPR 31.22 provides various exceptions to when a document disclosed in a set of proceedings may be used. Any use outside of the rules could also amount to a contempt of court. Both the client who relied on the solicitor’s advice and the solicitor may be equally vulnerable to the contempt proceedings where there is no evidence of deliberate or reckless misconduct by the solicitor.
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Brands and IP newsnotes - issue 6
12 October 2017Welcome to the 6th edition of our Brands & IP newsnotes put together to bring you the latest, and most interesting legal developments affecting intellectual property law. In this issue we cover; battlegrounds on Amazon listings, whether prestigious brands can prevent their resellers from selling online, the EU's position paper on IP rights, an quick guide on rights for designs, and trade mark infringements.
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European Medicines Agency produces Q&A document on impact of Brexit for MA holders
24 July 2017As the UK prepares to leave the EU, the holders of marketing authorisations for human or veterinary centrally approved need to ensure that that they take appropriate steps to ensure that they comply with the establishment requirements in the EU/EEA.
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Squeezed out of validity and into the jurisdiction
13 July 2017UCB licensed Chugai rights to its tocilizumab patents. The licence contained an exclusive jurisdiction clause in favour of the English courts. Only one US patent remained in force. Chugai wanted a declaration that its tocilizumab products (sold only in the US) fell outside of the scope of the last patent and accordingly no royalty payments were due under the licence.
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Sandoz & Hexal v Searle & Janssen Sciences Ireland: What is the formula for patent extensions?
13 July 2017The UK High Court has held that a pharmaceutical product claimed only within a Markush formula and not expressly referred to in the patent was protected by the patent for the purposes of obtaining a Supplementary Protection Certificate (SPC).
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UPC – UK moves forward whilst Germany stalls
13 July 2017The Unified Patent Court (UPC) is intended to provide a regional forum resolve patent disputes. UPC decisions will have effect in all 25 states participating in the UPC, providing a single forum to resolve disputes.
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Brands and IP newsnotes - issue 5
27 June 2017Welcome to the 5th edition of our Brands & IP newsnotes put together to bring you the latest, and most interesting legal developments affecting intellectual property law. In this issue we cover; the potential pitfalls of social media, design by artificial intelligence, interesting trade mark applications and cases, an update on the UPC, and the importance of protecting trade secrets.