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Insight
- Enforcement of EU judgments post Brexit: an exclusivity conundrum
- Adjudicator’s decision enforced under the Construction Act and the Hague Choice of Court Convention 2005 despite exclusive jurisdiction clause in favour of France
- An extension of Scope 3 emissions reporting in the UK? Assessing the impact of the Supreme Court's judgment in Finch v Surrey County Council
- Big data - the Financial Conduct Authority proposes individual borrower disclosures in relation to consumer credit firms
- Brexit and dispute resolution issues
- Clarification that litigation privilege and legal advice privilege are not mutually exclusive: Loreley Financing v Credit Suisse
- Class wars: time to legislate for hurt feelings? (Damages for data breach - Austrian Post)
- Commercial litigation newsletter – August 2021
- Compulsory Share Acquisitions: What is a “fair value”?
- Contractual damages and exclusion clauses: you get what you bargained for (CIS v IBM)
- Corporate and commercial disputes update - November 2021
- Corporate and commercial disputes update – May 2021
- Court of Appeal gives go ahead for Fundão Dam class action (Municipio de Mariana v BHP Group)
- Court of Appeal provides clarity on the UK's Russia Regulations and actions taken for sanctions compliance under section 44 of SAMLA
- Court's permission not required to add claimants before service of proceedings (Rawet v Daimler)
- Declarations do not bar claims for subsequent relief: Zavarco plc v Nasir
- Directors' duties to avoid conflicts of interest – how long do they last? Burnell v Trans-Tag Ltd
- Directors: exercise your powers properly or risk having your transactions overturned
- Disclosure is the 'price' to pay for a 'hint' of expert shopping – Rogerson v Eco Top Heat & Power Limited
- Disputes about dispute resolution clauses: keep it simple AdActive Media v Ingrouille
- Disputes Community Quarterly Magazine - Issue 1
- Draw attention to onerous clauses in standard terms and conditions to rely on them: Blu-Sky Solutions v Be Caring
- Enforcement of Judgments in Civil and Commercial Matters: A global comparison
- ESG and directors' duties - where are we now? ClientEarth v Shell
- Excluding expert evidence - a question for trial? (Fawcett v TUI)
- Facing up to responsibility: Parent liability for overseas subsidiary actions in the English courts
- Foul taste for claimant corrected: Supreme Court rules on uncontroverted expert evidence (TUI v Griffiths)
- FRC consults on changes to the remuneration section of the Corporate Governance Code
- FRC position paper – Preparing for ARGA
- Getting through the new contract gateways in CPR 6.33(2B): Pantheon International Advisors v Co-Diagnostics
- Give credit where credit’s due: settlement agreements and the Consumer Credit Act 1974 (CFL Finance v Laser Trust & Gertner)
- Good faith and unfair prejudice: Faulkner v Vollin Holdings
- High Court orders scent-sational board reshuffle over director's breach of the UK's Russia sanctions for exporting perfumes
- I'm a litigant... get me out of here
- Identifying your Greenwashing Litigation Risk – Claims under FSMA
- Inadvertent waiver of privilege and concerns over independence: Pickett v Balkind
- Inducing a subsidiary’s breach of contract: a look at the merits (Kawasaki v Kemball)
- Key corporate and commercial disputes update - May 2022
- Key corporate and commercial disputes updates - November 2022
- Key issues for breach of warranty claims and the potential impact of Covid-19
- Knowing when you've novated: Musst Holdings v Astra Asset Management
- Lamesa v Cynergy: mandatory law in standard form contracts
- Limitation in professional negligence: (Sciortino v Beaumont and Elliot v Hattens)
- Liquidated damages and delay: a victory for commercial common sense
- Litigation privilege: Loreley v Credit Suisse
- Lloyd v Google: No damages without proof of damage
- London Metal Exchange wins High Court ruling over cancelled nickel trades
- Lord v Maven Wealth: the perils of untidy drafting
- Making the most of mediation: We put some key questions to a panel of experts…
- Marex: Where next for the rule against reflective loss?
- Media coverage: PLC Magazine - Doctrine of duress clarified: lawful commercial pressure or economic duress?
- Media coverage: The Lawyer - Roundtable: Sins of the father reversed? Discussing Okpabi
- Minimising mistakes: the Supreme Court restricts limitation period for mistake of law claims
- Modern Slavery: breaking the chains
- Muller, cornered: the fraud and “Muller” exceptions to the without prejudice rule (Berkeley Square v Lancer)
- Name claimants correctly or fix mistakes quickly - substituting parties after the limitation period has expired (Addlesee v Dentons)
- New FCA rules on greenwashing and sustainability disclosures and product labelling
- No harm, no foul – liquidated damages clause upheld by the Commercial Court (De Havilland v Spicejet)
- No privilege for fishing expeditions: Kyla Shipping v Freight Trading Ltd
- No quantum leap in the doctrine of restraint of trade
- Notice provisions: how much detail is reasonable detail? (Dodika v United Luck Group)
- Pilot to permanent: what are the current rules on disclosure under PD57AD?
- Pinewood Technologies Asia Pacific Ltd v Pinewood Technologies Plc: Exclusion clause prevents claim for loss of profits
- Privilege in the spotlight: Al Sadeq v Dechert LLP
- Releasing all claims means… releasing all claims (Maranello Rosso v Lohomij BV)
- Reliance on force majeure in the face of sanctions: MUR Shipping v RTI
- Representing claimants: the rise of the class action
- Resolving dispute resolution disputes: when will ADR provisions be unenforceable?
- Revoking permission for expert evidence: Andrews v Kronospan
- Roundtable: how lawyers can approach invisible diversity
- Roundtable: Lawyers need to know when it’s right to settle
- SAAMCO reconsidered: the purpose of advice
- SAAMCO Returns: application of the principle to negligent audit claims
- Section 32 of the Limitation Act: multiple lies, multiple limitation periods? (Seedo v El Gamal)
- Section 44: fig leaf or shield?
- Significant expansions to corporate criminal liability: the new offence of failure to prevent fraud and extended identification principle
- Take care when terminating: James Kemball Ltd v "K" Line (Europe) Ltd
- The 'same interest' test for representative claims – a more flexible approach? (Commission Recovery Ltd v Marks & Clerk LLP)
- The boundaries of causing loss by unlawful means: Secretary of State for Health v Servier
- The Financial Conduct Authority tells payment services firms to strengthen their anti-fraud systems and improve their treatment of victims of fraud
- The winner takes it all (the loser’s ts and cs were too small): Green v Petfre (Gibraltar) Limited t/a Betfred [2021] EWHC 842 (QB)
- Third party disclosure and service out of the jurisdiction: Gorbachev v Guriev
- ThoughtLeaders4 Disputes Magazine Issue 4 - International Cross-Border Disputes
- Tick-box jurisdiction clause good enough for anti-suit relief
- Timing for e-filing: midnight or 4.30pm? (Microsoft Ireland v JJH Enterprises)
- Top tips before signing any settlement agreement
- UK sanctions post-Brexit March 2021
- Uncharted waters – emerging trends in collective proceedings orders
- Unfair prejudice and the entitlement to buy-out: Macom v Bozeat
- Unfair prejudice: Lessons learnt from Saxon Woods v Francesco Costa and others
- Unpacking the EU Sanctions Blocking Regulation: Bank Melli v Telekom Deutschland
- Uptick in enforcement action in 2024? – Multiple arrests and strong rhetoric from UK Enforcement Agencies
- Venice swaps decision sunk by Court of Appeal (Banca Intesa v Venezia)
- Warranty claims and the duty to mitigate: Equitix v Fox
- Wasted expenditure is not the same as loss of profit: Soteria (formerly CIS) v IBM
- We are never ever getting back together: getting termination notices right
- When can a claim be amended outside the limitation period? (Mulalley & Co v Martlet Homes)
- When can shareholders seek relief in favour of the company alongside an unfair prejudice petition, and does the approach in Chime no longer ring true?
- When conclusive isn't quite conclusive: Sara & Hossein v Blacks
- When is an error a manifest error?
- When is talking to your lawyer not a privilege? CAA v Jet2 and RBI v ACE & Ashurst
- Whistleblowing in the financial services sector – A global perspective
- Who’s in charge – directors or AI?
- Winding-up a company as a means of resolving a shareholder dispute: Chu v Lau
- Witness statements under PD57AC
Team
- Richard Garcia
- John Lewis
- Nicolas Demigneux
- Dani Azmi
- Ian Childs
- Adam Culy
- Guy Harper
- Alexandre Koenig
- Emily Li
- Donna Newman
- Ivan Ng
- Sue Millar
- Genevieve Quierin
- Ben Sigler
- Dorothy Siron
- Dan Smith
- Christine Ong
- Lauren Tang
- Stephen Davis
- Roland Foord
- Collin Sim
- Tracy Chan
- Paul Hollands
- Alina Neal
- Déborah Attias
- Michael Barron
- Caroline Hibberd
- Jo Jones
- Ayo Oketunji
- Chris Pettett
- Adam Polonsky
- Alex Winsley
- Kyrsten Baker
- Lauriane Chauvet
- Karen Cheng
- Renee Cheung
- Clifford Chui
- Tayla Dyer
- Guérin Loisel
- Samantha Martin
- Dylan Milner-Stopps
- Megan Pettinger
- Edward Rees
- Peter Sequeira
- Max Tranter
- Marcus Watkinson
- Siân Whitby
- Victoria Yeung
- Rebecca Garrick