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Contract interpretation: a helpful recap by the Court of Appeal
03 July 2019At the end of March 2019, the Court of Appeal handed down a decision which provided a helpful reminder of the modern approach to interpreting contracts.
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Protests against LGBT teaching at Birmingham Primary School
20 June 2019The Public Sector Equality Duty provides that public authorities have a duty to eliminate discrimination, harassment and victimisation whilst advancing equality of opportunity and fostering good relations between people who share a relevant protected characteristic and people who don’t share it. Primary schools in advancing LGBT rights and fostering good relations have been met with protests and demonstrations which Birmingham City Council sought to restrain by injunction.
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Lachaux: defamation clients must prove “serious harm”
17 June 2019Has a statement about you caused you serious harm? That is the question posed by section 1 of the Defamation Act 2013, which has been the subject of a long running defamation claim brought against the publishers of the Evening Standard, the Independent and the Huffington Post. The Supreme Court has now delivered its judgment on the interpretation of section 1, which has significant implications for the media industry.
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Pensioner sues Wolverhampton Wanderers over design of logo
13 June 2019Wolverhampton Wanderers Football Club have succeeded in defending a copyright claim in which the claimant contended that he designed their distinctive wolf head logo over 40 years ago.
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Law Society Report: AI in the Justice System
13 June 2019The Law Society has now published the final report of its Technology and the Law Commission (the “Commission”) investigation into the use of algorithms in the justice system. It follows a year-long exploration by the Commission of whether algorithms’ use within the justice system should be regulated to protect human rights and trust and, if so, how.
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The Trade Secrets (Enforcement, etc) Regulations 2018, one year on
07 June 2019The UK implemented legislation on 9 June 2018 bringing into force the EU Trade Secrets Directive. This article looks at the impact this legislation has had in the employment context where a claim for misuse of confidential information may now also include a statutory claim for misuse of trade secrets.
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Fail to cooperate at your peril! Court finds that contracting party’s conduct was a repudiatory breach of an implied duty to cooperate
04 June 2019In a recent case, the court implied a duty to cooperate where close collaboration between the parties was required to perform the contract. The Court also found that one party’s failure to cooperate was a repudiatory breach that the counterparty could rely on in treating the contract as terminated.
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Employee ordered to pay over £500,000 in legal costs in a dispute involving breach of restrictive covenants and data privacy
24 May 2019Following a trial in the High Court where an employer was successfully awarded final injunctions to prohibit a former employee from breaching post-termination restrictions (“PTRs”), the losing employee was ordered to pay 90% of his former employer’s legal bill.
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Court of Appeal sets high bar for parties defending fraudulent misrepresentation claims and dismisses attempt to broaden transferred loss principle
21 May 2019The Court of Appeal has confirmed the presumption of inducement in cases of fraudulent misrepresentation will be “very difficult” to rebut and rejected a Claimant’s attempt to recover the loss of its subcontracting sister company via the “transferred loss” principle.
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Court of Appeal allows inspection of documents despite the risk of foreign prosecution
07 May 2019The Iranian bank, Bank Mellat, has lost its Court of Appeal bid to withhold customer documents from inspection in the English Courts despite the risk that this may expose the bank to prosecution in Iran.
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Contract law update: Recent developments and practical tips
03 May 2019On 2 May 2019, Mark Lim, Sohrab Daneshku and Nigel Enticknap from our commercial dispute resolution practice group hosted a seminar discussing provisions that commonly feature in commercial contracts. Whilst important, these terms may enjoy limited attention during negotiations. We covered recent case law, offered tips on how to interpret key clauses and discussed how to avoid common pitfalls. Below is a summary of some of the key points.
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Dispute Resolution Update - April 2019
24 April 2019Welcome to our April 2019 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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The impact of protestors on retailers and how to deal with them
12 April 2019Everyone has the right to hold opinions and impart information and ideas including by peaceful assembly and association with others. These are ‘human rights’ which we all enjoy and which protect the right to protest and which may not be interfered with by a public authority. However, whilst the right to protest is enshrined in law, any protest must be lawful and balanced with the rights of others, including those at whom the protest is directed.
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Harry Potter, Fracking, eco-warriors and ‘mob rule’ or freedom of expression – the Court of Appeal decides in the Ineos injunction case
04 April 2019Where is the dividing line between mob rule and lawful freedom of expression? This is one of the leading questions of the day. Should students be permitted to invite politicians with extreme views onto campus? Should a celebrated Oxford law professor be sacked for alleged homophobia? What about Brexit? Should protestors be arrested for confronting our MPs and expressing their views? And companies carrying out their lawful business – should they be allowed to do so without interference from protestors?
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Court of Appeal maintains interim springboard injunction in team moves case
15 March 2019Lewis Silkin has been successful in the Court of Appeal in resisting a challenge to the appropriateness of a springboard injunction secured in the High Court late last year. The injunction relates to ongoing legal proceedings concerning a team move and prevents a number of our client Secarma’s former employees and their new employers from competing and otherwise acting unlawfully.
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Supreme Court decision on professional negligence and loss of chance: Perry v Raleys Solicitors
21 February 2019The Supreme Court has upheld the appeal of a firm of solicitors defending a professional negligence claim and helpfully reiterated well-established principles about the approach the court must take when considering the issue of causation in loss of chance cases. The decision clarifies what has to be proved in cases where the question for the court depends on what: (a) the claimant would have done (which the claimant must prove to the usual standard ‘on the balance of probabilities’); compared with (b) what others would have done (which are better assessed on a loss of chance basis).
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Going out on a limb - English courts and overseas defendants: jurisdiction challenges and the “three limb” test
06 February 2019When 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. The forum in which the dispute is determined can make a great deal of difference. It is therefore important for potential litigants to know where they can commence proceedings and whether they can resist claims brought against them in the “wrong” jurisdiction. In a recent case the English Court of Appeal considered the test that will apply when deciding whether to permit a claimant to sue a “foreign” defendant in this jurisdiction. This article was originally published in the Commercial Litigation Journal in the March/April edition.
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The use of mediation in sports disputes
25 January 2019With sports disputes being on the increase, it is becoming more important for parties to consider using alternative means to resolve disputes instead of the more traditional route of proceeding to arbitration or court proceedings. Mediation is commonly used to resolve commercial disputes but with sports disputes, it is not used as often despite its many benefits.
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Dispute Resolution Update - January 2019
16 January 2019Welcome to our January 2019 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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Court of Appeal finds no litigation privilege in internal emails discussing commercial settlement of dispute
09 January 2019The Court of Appeal has allowed an appeal by West Ham football club in its application to inspect certain emails sent internally amongst board members of E20 Stadium LLP (“E20”) and between E20’s board members and stakeholders, in respect of which E20 asserted litigation privilege. The emails were created with the dominant purpose of discussing the commercial settlement of E20’s dispute with West Ham over the club’s rights to use the London Olympic Stadium when litigation was in contemplation. The Court held that litigation privilege does not extend to documents concerned with the settlement or avoidance of litigation where the documents neither: (a) seek advice or information for the purpose of conducting litigation; nor (b) reveal the nature of such advice or information.