Insights & News
Search for Insights & News
25 January 2016
Without prejudice privilege is founded upon public policy. It serves to encourage litigants to settle their differences. Its effect is to exclude all negotiations genuinely aimed at settlement (whether oral or in writing) from being referred to at trial. Solicitors will often head negotiating correspondence “without prejudice” yet protection is not dependent upon use of the label. It is often misused and arises automatically in appropriate circumstances. So what happens when no label is used and attendees of a meeting later disagree as to its status?
What’s obvious to some is not obvious to all: Supreme Court espouses a conservative approach to implied terms18 January 2016
“Rent” is what a tenant pays to occupy premises – agreed? So you might think it was “obvious” that a tenant shouldn’t pay rent for any period after the tenancy terminates – e.g. in circumstances where a tenant validly terminates the lease early. If you think that, you were in good company and indeed many landlords would voluntarily reimburse rent paid for the period after the termination date even where the lease did not expressly require this. Why? – because it was it was the right thing to do, obviously!
30 November 2015
In Jong v HSBC Private Bank (Monaco) SA  EWCA Civ 1057, the Court of Appeal upheld the decision of HHJ Purle QC not to override an exclusive jurisdiction clause, setting out the factors to be balanced in the exercise of the court's discretion.
26 November 2015
On 12 November 2015, in Sharp & Others v Blank & Others  EWHC 3220 (Ch), Mr Justice Nugee handed down his latest judgment in litigation between the directors and shareholders of Lloyds Bank. His decision is of interest to directors and shareholders alike. It re-affirms the scope of duties owed by directors to shareholders, as well as the approach to be adopted when assessing them.
Press28 July 2015
Lewis Silkin has successfully defended its client Trust Risk Group S.p.A. (“TRG”) against an anti-arbitration injunction brought by AmTrust Europe Limited (“AmTrust”).
Press26 December 2014
Fergus Payne has written an article for The Law Society Gazette.
Press20 November 2014
Clive Greenwood has been quoted in an article exploring the new opportunities for chartered accountants in legal services - published on the 'economia' website.
Press30 October 2014
Clive Greenwood has been quoted in an article by Legal Futures regarding the former Halliwells partners court win.
Lewis Silkin successfully represents Save China’s Tigers interests in divorce proceedings between Li Quan and Stuart Bray
Press29 October 2014
Lewis Silkin has successfully represented its client Save China’s Tigers (a registered UK charity) in its bid to protect assets held for its benefit by a Mauritian trust called The Chinese Tigers South African Trust (“CTSAT”). The charity was added as a party to divorce proceedings between Ms Li Quan and Mr Stuart Bray in order to assert its rights.
Press28 October 2014
Mark Lim has been quoted in an Article by PR Newswire regarding the exoneration of Save China's Tigers in UK High Court.
Press24 April 2014
Fergus Payne has been quoted in an article by The Times on the consequences of partnership tax changes.
Press15 October 2013
In an article written for The Guardian's Housing Network, Paul Hayes discusses key aspects of the new act as well as raising questions that the act, designed to crack down on the estimates 100,000 social housing properties subject to fraud, leaves unanswered.
Press28 May 2013
Fergus Payne, Joint Head of our Partnerships and LLP team, recently spoke at the APP (Association of Partnership Practitioners) AGM. A synopsis of his pre-dinner speech was included in the most recent APP newsletter and is available to read in this article.
Press07 February 2013
Paul Hayes encourages Housing Officers to be aware of the recently outlined principles for Article 8 defences, citing a recent case, in an article for Inside Housing.