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Clive Greenwood and Frances Simm write for Accountancy Age: Compulsory retirement: avoiding the partner pitfalls
Press
20 August 2018In an article for Accountancy Age, Clive Greenwood and Frances Simm discuss the rules and processes involved when compelling an individual to retire from a business they co-own.
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Tom Merrick comments for LexisNexis: Requirement for non-reliance clause to be reasonable upheld (First Tower Trustees Ltd and anor v CDS (Superstores International) Ltd)
Press
26 July 2018Discussing the Court of Appeal decision in First Tower Trustees, Tom Merrick advises that sellers and landlords need to take extreme care in ensuring that replies to pre-contract enquiries are accurate and up to date and be alive to the potential risks in enforcing non-reliance clauses.
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Court of Appeal upholds enforcement of Chinese arbitration award in England & Wales despite allegation of attempted fraud
05 July 2018One of the attractive features of arbitration is the ease of enforcement of arbitral awards in other jurisdictions. The New York Convention (the “Convention”) provides a regime by which an award made in one Convention state should be enforceable against any assets in any of the other Convention states around the world. A recent Court of Appeal decision shows that the English court will only exercise its power to refuse to recognise or enforce an arbitral award on public policy grounds in limited circumstances.
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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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Hackers, Judges and Spartacus: Containing a Data Breach with the Court’s Help
18 June 2018Fear of publicity shouldn’t put off organisations from asking the court for help when they’ve been hacked, had data stolen, and are then blackmailed. There’s a range of orders which the English courts are willing to make against anonymous hackers and which, even if those orders are ignored, can be useful when it comes to containing a confidentiality breach – including when it comes to getting stolen data removed from other hosts/publishers, both in England and abroad.
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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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Construction Law Update – Fighting back against “Smash and Grab” Adjudications
21 May 2018The case of Grove Developments Ltd v S&T (UK) Ltd (February 2018) is worthy of note, not least because it potentially provides employers with a quick means of reclaiming the loss suffered, following a “smash and grab” adjudication by starting its own adjudication on the true value.
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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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Are documents generated in the course of an investigation protected by litigation privilege?
01 May 2018Two recent cases concerning the applicability of litigation privilege to documents generated in the course of investigations show that it is easier to obtain that protection where the subject of the investigation is a civil rather than criminal matter.
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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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Directors held to be trustees of company property
08 March 2018The Supreme Court has held that directors should be treated as being in possession of company property from the time of their appointment because, as fiduciary stewards they are trustees of trust property within the meaning of section 21(1)(b) of the Limitation Act 1890 (“the Act”).
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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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Clive Greenwood writes for Accountancy Age: How to protect LLP firms from a damaging team move
Press
10 January 2018In an article for Accountancy Age, Clive Greenwood discusses that while accountancy firms heavily invest in attracting and retaining talent, do they devote sufficient effort to ensuring teams can’t go and play for the opposition?
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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.