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  • Taking evidence from witnesses who are under obligations of confidence

    19 January 2017

  • Dawn Raids: What to do

    27 November 2016

    It is absolutely essential to have a procedure in place for dealing with Dawn Raids.

  • Flowers fails to reign over Cardiff City Council but solidifies the importance of CPR 83.2- Landlords beware!

    25 October 2016

    Lady Justice Arden and Lord Justice Briggs in the matter of Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034 (“Flowers”).

  • Roundtable Mediation - Game of give and take

    Press

    06 October 2016

    Karen Baxter has been featured in an article on the use of mediation for The Law Society Gazette.

  • Shiny talent, shady dealing: the case of Mauro Milanese v Leyton Orient Football Club

    24 August 2016

    The fallout from senior level football terminations rarely extends to a trial in the High Court. Most disputes are settled or go to arbitration, which is a private process. Leyton Orient’s sacking of its Director of Football Mauro Milanese, however, prompted Milanese to sue the club for wrongful dismissal, and the case went to trial in March 2016. Judgment was given in May 2016.

  • Without prejudice privilege: not a cloak for improper threats

    16 August 2016

    Without prejudice privilege (“WP privilege”) allows parties to a dispute to try to settle their differences without their discussions being revealed to the court, and potentially to the public.

  • Pheasant sick as a parrot

    21 March 2016

    Today, 21 March 2016, HHJ Pelling handed down his judgment in relation to the account of profits element of the long-running dispute between Jack Wills and House of Fraser over the use of a logo consisting of a pigeon with a top-hat and bow-tie on some of its own-brand “Linea” products. The logo was found by Mr Justice Arnold to infringe Jack Wills’ rights in its “Mr. Wills” pheasant with a top-hat and a cane.

  • Highly unattractive: Court criticises complaints raised for the first time when resisting enforcement

    04 February 2016

    The Commercial Court denied an application to resist enforcement and recognition of a French judgment on the basis of public policy. The court reiterated the exceptional nature of the public policy carve out in the Brussels Regulation (44/2001) particularly in circumstances where the grounds relied on by the applicant could have been raised in the foreign court itself.

  • When a loss becomes a gain: accounting for gains made when mitigating losses

    01 February 2016

    Following a breach of contract, the innocent party is usually entitled to damages. Broadly speaking these are set at a level required to put them in the position they would have been had the contract been performed properly. However, there is no entitlement to recover for avoidable loss and so this gives rise to what is sometimes referred to as a “duty” to take all reasonable steps to mitigate one’s loss. If the steps taken increase the loss overall, the increased figure is recoverable. On the other hand, if steps taken in mitigation are successful, the wrongdoer is entitled to the benefit accruing and their liability is for the resulting loss as lessened. But what happens when the claimant’s steps to mitigate are so effective that he makes a profit, wiping out any loss arising from the breach?

  • Court of Appeal has no appetite for salami slicing

    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 terms

    18 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!

  • When will a court override an exclusive jurisdiction clause?

    30 November 2015

    In Jong v HSBC Private Bank (Monaco) SA [2015] 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.

  • No duty of loyalty owed by directors to shareholders

    26 November 2015

    On 12 November 2015, in Sharp & Others v Blank & Others [2015] 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.

  • Lewis Silkin successfully defends Trust Risk Group SpA in the High Court

    Press

    28 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”).

  • The legal year ahead

    Press

    26 December 2014

    Fergus Payne has written an article for The Law Society Gazette.

  • Legal services opportunities for accountants

    Press

    20 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.

  • Ex-Halliwells partners win immunity from liquidator claims

    Press

    30 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

    Press

    29 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.

  • Save Chinas Tigers Exonerated in UK High Court

    Press

    28 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.

  • Partnership tax changes cause fury

    Press

    24 April 2014

    Fergus Payne has been quoted in an article by The Times on the consequences of partnership tax changes.

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