Insights & News

Liquidator loses protection of a freezing order following serious failings at earlier ex parte hearing

14 May 2018

In 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.

Are documents generated in the course of an investigation protected by litigation privilege?

01 May 2018

Two 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.

Service of a Claim Form by email – get it wrong at your peril

27 March 2018

Communicating 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.

Directors held to be trustees of company property

08 March 2018

The 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”).

When the clock strikes midnight there is no more time to go to court!

08 March 2018

In 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.

This is my advice. By the way, it might be wrong!

05 March 2018

When 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.

Early Specific Disclosure Applications – factors the court will consider

22 January 2018

A 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.

English courts and overseas defendants: jurisdiction challenges and the “two-fold test”

15 January 2018

When 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.

Compulsory mediation?

11 January 2018

In 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.

Clive Greenwood writes for Accountancy Age: How to protect LLP firms from a damaging team move

Press

10 January 2018

In 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?

Disclosure in English litigation: a sea change is coming

09 January 2018

English 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.

Erosion of privilege – Law Society seeks to intervene

08 January 2018

The Law Society is applying to intervene in the upcoming appeal of the landmark privilege decision in Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”).

From the pub to the court room

19 December 2017

It is not uncommon for commercial deals to be agreed with a handshake in an informal setting (often a bar, restaurant or other social venue). If agreed, parties usually then move the matter on to their lawyers to document the terms. But what if terms are never documented? How much reliance can be placed on commercial terms that are agreed orally?

Use of disclosed documents to threaten new proceedings was a breach of court rules and may amount to a contempt of court by the solicitor and client

12 December 2017

The Civil Procedure Rules (CPR) provide that using documents disclosed in existing proceedings (except for the specific purposes allowed) breach the rules. CPR 31.22 provides various exceptions to when a document disclosed in a set of proceedings may be used. Any use outside of the rules could also amount to a contempt of court. Both the client who relied on the solicitor’s advice and the solicitor may be equally vulnerable to the contempt proceedings where there is no evidence of deliberate or reckless misconduct by the solicitor.

Top 5 tips for protecting trade secrets

Inbrief

08 December 2017

With the new EU Trade Secrets Directive coming into force in June 2018, we have compiled a list of the top 5 tips for protecting trade secrets.

Patent Claims to dosage regimes fail to stand up to scrutiny

06 November 2017

In Actavis Group PTC EHF & Anor v Teva UK Ltd & Ors [2017] EWCA Civ 1671 the Court of Appeal has found that various dosage regime claims were obvious and invalid, reversing the decision of the of the trial judge.

Adam Glass comments for The Global Legal Post: 'Bell Pottinger goes into administration'

Press

13 September 2017

Adam Glass, Litigation Partner, who advised the PRCA in relation to the Bell Pottinger investigation, has commented in an article for The Global Legal Post which reports on the recent announcement that PR firm Bell Pottinger has gone into administration.

Competition watchdog’s open letter to the creative industries

12 September 2017

The UK’s Competition & Markets Authority (CMA) has published an open letter to the creative industries on competition law. The letter reminds businesses that certain conduct that undermines competition in those industries is illegal.

Ali Vaziri writes for Cycling Industry News: 'Helmet cameras and the law, where do cyclists stand?'

15 August 2017

Ali Vaziri has written an article for Cycling Industry News which discusses privacy and data protection considerations when using wearable cameras and sharing footage.

"No veneer in 'ere": separating the wood from the MDF

07 August 2017

In what is a highly unusual volte-face, an advertiser has succeeded in turning the tables on the Advertising Standards Authority (ASA).