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Varying a worldwide freezing order: timely collaboration and transparency is key – Lewis Silkin advises successful respondent
07 March 2024An attempt to vary a £88m worldwide freezing order to permit the sale of a significant London property was successfully resisted recently by the Claimant, represented by Lewis Silkin. We explore the issues arising in the recent High Court judgment, which confirmed the importance of timely collaboration and transparency when considering the variation of a freezing order.
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Guidance on key concepts of privilege from Court of Appeal
15 February 2024The Court of Appeal ("COA") has handed down a judgment dealing with a number of important points regarding the scope of legal professional privilege and the iniquity exception.
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Court backs decisions regarding cancellation of nickel trades
06 February 2024Towards the end of 2023, the Administrative Court handed down a judgment in R (on the application of Elliott Associates LP and others) v The London Metal Exchange and LME Clear Limited [2023] EWHC 2969 (Admin), rejecting a challenge to decisions made regarding the cancellation of nickel trades in a “disorderly market” in March 2022 and associated claims for damages. We consider key aspects of the decision and implications for the market.
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A guide to the litigation process in England and Wales including disclosure in the Business and Property Courts
Inbrief
06 February 2024If you are involved in a dispute in England and Wales you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.
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A guide to the litigation process in England and Wales
Inbrief
06 February 2024If you are involved in a dispute in England and Wales you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.
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Lewis Silkin strengthens Hong Kong Dispute Resolution capability with addition of partner Kenix Yuen
Press Release
15 January 2024Lewis Silkin today announces the appointment of Kenix Yuen as a partner in the firm's dispute resolution team.
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Litigation trends
11 January 2024Our Dispute Resolution team has compiled an overview of some of the key themes we are seeing in the litigation landscape of England and Wales.
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Lewis Silkin strengthens Dispute Resolution practice with addition of partner Fraser Mitchell
Press Release
27 November 2023Lewis Silkin has today announced the appointment of Fraser Mitchell as a partner in the firm’s Dispute Resolution group.
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Neil Parkes comments for World Intellectual Property Review on the issue of copyright infringement when using AI tools
Press
26 October 2023Neil Parkes comments for World Intellectual Property Review on the recent case, Universal & Concord vs. Anthropic, an artificial intelligence firm, for the alleged use of copyrighted music lyrics to train its AI systems.
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Commercial dispute resolution: navigating the economic downturn
06 February 2023After-shocks of the COVID-19 pandemic, the war in Ukraine, sky-high inflation, “mini-budget” fiascos and the revolving door of number 10: as we settle into 2023, many of the political, humanitarian and economic events of 2022 and beyond continue to have a huge impact on businesses grappling with uncertainty and financial instability.
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Dealing with a counterparty who is facing insolvency
03 February 2023There’s been widespread coverage of the impending economic downturn. The pressures of the war in Ukraine, the consequential energy crisis, high inflation and labour shortages have combined to create forceful economic headwinds.
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How to mitigate the impact of inflation and supply chain disruptions on commercial contracts
03 February 2023These are undoubtedly difficult times for businesses. Supply chain disruptions that emerged following the pandemic have contributed to a burst of global inflation which has led to record increases in costs such as energy, wages and transportation as well as higher interest rates.
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The importance of pro-active contract management in an economic downturn
03 February 2023Efficient contract management is an essential part of running any business. This is never more important than during times of economic uncertainty when businesses need to keep a close eye on contract performance, regularly review and monitor whether contracts still meet the business’ changing requirements and remain vigilant to the key indicators of potential failings or breaches.
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Contractual ways to improve cash flow
03 February 2023It’s been a challenging couple of years for the UK economy. Businesses have had to grapple with Brexit uncertainty, the Covid-19 pandemic and the Russian invasion of Ukraine all affecting trade. These have in turn resulted in higher costs, compounded by inflationary pressures.
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Are contract amendments made in an economic downturn legally binding?
03 February 2023Performing obligations in commercial contracts in the current downturn is a serious challenge for some businesses. Sometimes that challenge will be so great that it is the catalyst for a breakdown of a business relationship. But where there is a common desire to get through these tough times, the focus may be on how contractual terms might be varied to ensure that both parties are able to survive.
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How can I recover unpaid debts?
03 February 2023Even without a difficult economic landscape, establishing a strategy to recover a debt can make the difference between sitting comfortably and struggling through. It’s important to be aware of the different routes to recovery – and their limitations. Use this overview to understand your options and which option is best for your circumstances.
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Post transaction disputes: bringing warranty claims – key considerations
03 February 2023The current economic climate may mean that recent purchasers of companies are looking to achieve an after-the-event price reduction, especially where the value of the company they have purchased may have fallen. One way of doing this may be to make a claim under the warranties in the share sale and purchase agreement (“SPA”).
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What's the meaning of a football transfer?
21 September 2022Those involved with football transfers will be familiar with sell-on clauses given that they are widely used in the world of professional football. The purpose of a sell on clause is simple.
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Climate change action against directors dismissed
07 June 2022In one of the first cases of its kind, the High Court has dismissed an application to bring a claim for breach of duty against directors who, it was said, had failed to create a credible plan for disinvestment from fossil fuels.
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High Court orders ex-employee to return confidential documents kept for taking legal advice
16 February 2022The High Court has issued an injunction against the former Global General Counsel of Nissan, ordering him to return the confidential documents he kept after his employment ended. It did not matter whether the documents were kept for the purposes of taking legal advice.