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Pro-choice? Pro-life? Pro-order and PSPOs03 October 2019
In this article we consider Public Spaces Protection Orders and a recent Court challenge to the making of such an order.
Law Commission confirms legality of electronic signatures19 September 2019
Following consultation, the Law Commission has published its report on the electronic execution of documents and confirmed that, “An electronic signature is capable in law of being used to execute a document (including a deed) provided that (i) the person signing intends to authenticate the document and (ii) any formalities relating to execution of that document are satisfied.”
Privilege disapplied: the “iniquity” exception06 August 2019
In an application brought by a hotel portfolio company (in liquidation) for a declaration that it was entitled to disclose a number of documents within its possession, the High Court has considered when the “iniquity” exception will apply to legal professional privilege. So what is the iniquity exception and what does a party need to establish in order to rely on it?
Dispute Resolution Update - July 201910 July 2019
Welcome to our July 2019 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise but we also work with our clients to reduce the risk of litigation.
Protests against LGBT teaching at Birmingham Primary School20 June 2019
The Public Sector Equality Duty provides that public authorities have a duty to eliminate discrimination, harassment and victimisation whilst advancing equality of opportunity and fostering good relations between people who share a relevant protected characteristic and people who don’t share it. Primary schools in advancing LGBT rights and fostering good relations have been met with protests and demonstrations which Birmingham City Council sought to restrain by injunction.
Fail to cooperate at your peril! Court finds that contracting party’s conduct was a repudiatory breach of an implied duty to cooperate04 June 2019
In a recent case, the court implied a duty to cooperate where close collaboration between the parties was required to perform the contract. The Court also found that one party’s failure to cooperate was a repudiatory breach that the counterparty could rely on in treating the contract as terminated.
Secure future: Good news for tenants in relation to their retail premises29 April 2019
Whilst recent years has seen a trend for retailers to shift from a store-based past to a digital future, for many retailers having a high street presence remains an important part of their brand. Indeed for some retailers, (particularly high end fashion labels) it is critical for their flagship store to be seen to be in a prime location to contribute to the luxury image associated with their brand and they will often pay substantial premiums to ensure they secure a lease of a prime site. Further significant sums will subsequently be spent on the shop fit-out.
Dispute Resolution Update - April 201924 April 2019
Welcome to our April 2019 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.
Harry Potter, Fracking, eco-warriors and ‘mob rule’ or freedom of expression – the Court of Appeal decides in the Ineos injunction case04 April 2019
Where is the dividing line between mob rule and lawful freedom of expression? This is one of the leading questions of the day. Should students be permitted to invite politicians with extreme views onto campus? Should a celebrated Oxford law professor be sacked for alleged homophobia? What about Brexit? Should protestors be arrested for confronting our MPs and expressing their views? And companies carrying out their lawful business – should they be allowed to do so without interference from protestors?
Some good news (at last) for business rate payers in England21 January 2019
On 1 November 2018 the Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018 (Act) received Royal Assent. The Act will apply to England only. It was introduced in response to the controversial decision of the Supreme Court in Woolway v Mazars in 2015. The title of the Act doesn’t sound exciting but it may save some businesses money by reversing potential increases in their liability to business rates. Before we look at what the Act does, let’s remind ourselves as to why the Government felt compelled to step in and legislate
Dispute Resolution Update - January 201916 January 2019
Welcome to our January 2019 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.
Court of Appeal finds no litigation privilege in internal emails discussing commercial settlement of dispute09 January 2019
The Court of Appeal has allowed an appeal by West Ham football club in its application to inspect certain emails sent internally amongst board members of E20 Stadium LLP (“E20”) and between E20’s board members and stakeholders, in respect of which E20 asserted litigation privilege. The emails were created with the dominant purpose of discussing the commercial settlement of E20’s dispute with West Ham over the club’s rights to use the London Olympic Stadium when litigation was in contemplation. The Court held that litigation privilege does not extend to documents concerned with the settlement or avoidance of litigation where the documents neither: (a) seek advice or information for the purpose of conducting litigation; nor (b) reveal the nature of such advice or information.
Litigation privilege and the ‘dominant purpose’ test: ENRC decision applied07 January 2019
Did last year’s landmark Court of Appeal decision in Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”) alter the application of the ‘dominant purpose’ test for litigation privilege where a document is brought into existence for multiple purposes, one of which is for use in litigation? The answer is ‘no’, according to a recent decision by the High Court. The Court confirmed the well-established principle that, for a claim to litigation privilege to succeed where a document is created for more than one purpose, litigation must be shown to be the dominant purpose on the facts.
Encouraging ADR: Civil Justice Council publishes final report19 December 2018
Back in 2016, the Civil Justice Council (“CJC”) set up an alternative dispute resolution (“ADR”) working group to review the ways in which ADR currently is encouraged and positioned within the civil justice system in England and Wales. The terms of reference included the review of existing forms of encouragement for mediation (and other forms of ADR) in civil cases in the Civil Procedure Rules, case law and the powers of the court, to consider alternative forms of encouragement and assess proposals for reform. The Working Group has now published its final report.
Disclosure Pilot Scheme already making an impact as High Court orders list of “issues for disclosure”12 December 2018
The mandatory Disclosure Pilot Scheme may not start in the Business and Property Courts of England and Wales (“BPCs”) until 1 January 2019, but it seems the courts are already taking the new rules into account. In one reported case, the High Court has ordered a separate “list of issues for disclosure”, which will have to be jointly completed by the parties as part of the new Disclosure Review Document required under the Pilot Scheme.
Major overhaul to disclosure coming: are you ready?23 November 2018
Yesterday our commercial dispute resolution specialists Mark Lim and Paula Barry hosted a discussion about fundamental changes to the disclosure process that are due to come into force on 1 January 2019 as part of a two-year pilot scheme that will run in the Business & Property Courts across England and Wales.
Dispute Resolution Update - October 201801 November 2018
Welcome to our October 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.
Disclosure Pilot Scheme to start in January 201929 October 2018
The Civil Procedure Rule Committee has approved the new Practice Direction which sets down rules for a mandatory disclosure pilot scheme. It will run for two years in the Business and Property Courts in England and Wales, starting on 1 January 2019.
SFO v ENRC landmark privilege case: no appeal but the story continues…10 October 2018
The Serious Fraud Office (SFO) has confirmed that it will not appeal the Court of Appeal’s landmark ruling that documents created during an internal investigation by Eurasion Natural Resources Corporation (ENRC) were protected by litigation privilege and do not have to be disclosed to the SFO. However, the story does not end there because in a new twist, ENRC has applied for a judicial review of the SFO’s investigation into criminal allegations of corruption and financial wrongdoing by ENRC.
Permission to issue a warrant for possession is no longer required in rent arrears cases27 September 2018
The Civil Procedure (Amendment No. 3) Rules 2018 (SI 2018/975) come into force from 1 October 2018 so that a writ or warrant for possession may be issued without the court’s permission where there has been non-compliance with an order suspending possession on payment of money.