Insights & News

Directors’ duties and climate change litigation: if not now, when?

17 November 2021

For the last two weeks, many of us have been watching events unfold at the COP26 UN Climate Change Conference. Each day seemed to bring a mixed bag of news, some positive and some disappointing.

Jurisdiction Challenges

Inbrief

28 October 2021

Where a claim is litigated can be very important. This inbrief provides you with a guide on how to challenge the jurisdiction of the English courts if a claim is started here. We also highlight the steps that can be taken in England if a claim is commenced elsewhere, even though you believe it should be litigated or arbitrated in England.

Enforcing arbitral awards in England & Wales

Inbrief

28 October 2021

Where a party has obtained a favourable arbitration award in a jurisdiction other than England and Wales and the respondent to those arbitration proceedings has assets in this jurisdiction, the successful party may wish to enforce the arbitration award here. This guide will consider the steps that the successful party must take in order to be able to do so.

“A net from which there is no escape”: takeaways from recent cases on dishonesty and conspiracy

11 October 2021

The case of Lakatamia Shipping Co Limited v Nobu Su is one of a number of recent judgments to grapple with questions of honesty and credibility.

Lewis Silkin's Dispute Resolution team signs the Greener Litigation Pledge

06 October 2021

As part of Lewis Silkin’s ongoing commitment to sustainability, its Dispute Resolution team announces it has signed the Greener Litigation Pledge, an initiative aiming to reduce the environmental impact of litigation.

A customer refused to pay full price. Can we make them? Frances Simm writes for The Times

06 October 2021

We’ve started supplying a new customer under our standard contract terms, but when they had our goods they demanded we accept a lower price and wouldn’t return what we’d sent. We were relying on their payment to meet some other costs so we accepted payment at the lower price. Is there anything we can do?

Enforcing a Russian Judgment in England

Inbrief

14 September 2021

It is important for winning parties to be able to enforce judgments made in their favour. Before issuing proceedings claimants will often need to consider where the assets of a potential defendant are located and whether any judgment obtained can be enforced in the country where the judgment debtor has assets. If a proposed defendant to Russian proceedings holds assets in England, it will be particularly important for a claimant to examine whether an English court will enforce a Russian judgment in their favour.

How can I get my supplier to give me the goods I’ve paid for? Rebecca Harries writes for The Times

09 September 2021

I paid for some goods and the seller has not provided them. We had a contract and I don’t want compensation or money back, I just want the goods. I cannot get them elsewhere. What can I do?

Enforcing a Chinese Judgment in England

Inbrief

08 September 2021

It is important for winning parties to be able to enforce judgments made in their favour. Before issuing proceedings claimants will often need to consider where the assets of a potential defendant are located and whether any judgment obtained can be enforced in the country where the judgment debtor has assets. If a proposed defendant to Chinese proceedings holds assets in England, it will be particularly important for a claimant to examine whether an English court will enforce a Chinese judgment in their favour.

The increasing popularity of group litigation – and the risk for corporates. Andrew Wanambwa comments for International Bar Association

Press

06 September 2021

Group litigation is on the rise, spurred on by the global nature of business and the introduction in some jurisdictions of legislation friendly to, for example, class action lawsuits. In-House Perspective considers what’s driving the trend and its implications for corporate risk, and, by extension, for in-house counsel.

The English Court Process: A guide for parties from outside the jurisdiction

02 September 2021

The English courts are regularly chosen as the forum for the resolution of disputes, even between parties who do not have any other link to the jurisdiction. English judges are used to dealing with cases where one or both parties are not located within the jurisdiction and regularly deal with cases where initial applications concern a dispute over jurisdiction. This guide provides an outline of the civil litigation process in the English courts. It sets out the key points to bear in mind when bringing or defending a claim in England.

Cross border disputes between the EU and UK post-Brexit

01 September 2021

The UK left the EU on 31 January 2020. The Withdrawal Agreement provided that EU law would continue to apply to the end of the transitional period which was 31 December 2020 (“the exit date”). Therefore, EU law would continue to apply to disputes with an EU element, governing (in particular) jurisdiction, applicable law and the enforcement of judgments up to exit day. From 1 January 2021, the position became more complicated. Outlined below are details of how cross border disputes between parties in the EU and the UK will be dealt with after the exit date.

SPA warranty claims – case update

01 September 2021

In our article “SPA warranty claims - getting the notice right” we set out the common notice requirements that need to be complied with when making a warranty claim under an SPA, and the importance of complying with those requirements.

Supreme Court dismisses Times Travel (UK) Ltd’s lawful act economic duress appeal (Pakistan International Airline Corporation v Times Travel (UK) Ltd): Tom Beard comments for Lexis Nexis

Press

20 August 2021

The Supreme Court has unanimously ruled in favour of dismissing the appeal by Times Travel (UK) Ltd. The judgment sets out the essential elements on the doctrine of lawful act economic duress and what constitutes an illegitimate threat or pressure.

My supplier claims we made a deal over the phone but I disagree. Who’s right? Fraser McKeating writes for The Times

Press

09 August 2021

One of my suppliers says we reached a deal but I don’t think we did. It was all done over the phone so I don’t have paper records. What can I do?

Innocent partners may not be liable for losses caused by the fraudulent conduct of rogue partners

28 July 2021

In July 2021 the Court of Appeal held that innocent partners in a firm of solicitors are not always liable to former clients of the firm for losses caused by the acts of a fraudulent partner[i].

Misrepresentation: the pitfalls of pre-contract statements

Inbrief

21 July 2021

Prior to the conclusion of a contract parties will often make statements to each other - during negotiations, in tender documents and in a variety of other ways. Most pre-contract statements are carefully considered. But sometimes statements are made which are false or misleading. When false statements induce an innocent party to enter into a contract the consequences can be serious.

Hague Convention - Obtaining Evidence In England And Wales For Use In Another Jurisdiction

Inbrief

21 July 2021

Parties to proceedings in other jurisdictions often need access to evidence located in England and Wales. This guide explains how to obtain evidence in England and Wales for use in another jurisdiction.

Adjudication

Inbrief

08 July 2021

Adjudication is a mandatory procedure for determining disputes, and was introduced in the construction industry by the Housing Grants, Construction & Regeneration Act 1996 (the “Construction Act”).

What can we do about a court judgment that arrived while our office was closed? Mark Lim writes for The Times

Press

21 June 2021

We have just opened the post after two months away from the office to find a court judgment against us. It was filed by a supplier who is claiming that we owe them money. What can we do?