86 results
6 Feb 2019 12:14
Worldwide Freezing Orders: disarming a nuclear weaponA “nuclear weapon” Described by the Courts as a litigant’s “nuclear weapon”, Worldwide Freezing Orders or freezing injunctions are extremely powerful remedies that a party can use to prevent their opponent from disposing of or dealing with assets or putting them out of reach of enforcement of a more...
6 Feb 2019 12:12
Aggressive Negotiation or Blackmail?Negotiations can be hard fought, with each party using whatever advantage is at their disposal to obtain the most favourable outcome they can. Such tough negotiation is all well and good as long as the actions of the parties, and the manner in which any “leverage” is used, does not stray over the more...
29 Jan 2019 16:19
Counsel see successful resolution on creditor ruling at Court of AppealRichard Jones QC and Philip Mantle of No5 Barristers’ Chambers have appeared for the successful creditor in the first case before the Court of Appeal to determine the question of from when the limitation period runs in the context of a claim under the Consumer Credit Act 1974. The claim more...
29 Jan 2019 09:53
When is a Defendant Actually ‘Unable’ to Admit or Deny a Pleaded Allegation?SPI North Ltd v Swiss Post International (UK) Ltd & Anor (Rev 1) [2019] EWCA Civ 7 17 January 2019 The Court of Appeal considers whether there is an obligation to make reasonable enquiries of third parties before defendants plead that they are unable to admit or deny an allegation under Rule 16 of more...
8 Jan 2019 12:24
McDonagh v Bank of Scotland & Others [2018] EWHC 3262 (Ch)McDonagh v Bank of Scotland & Others [2018] EWHC 3262 (Ch) concerned a dispute between a borrower, Mr McDonagh (“the Claimant”) and a lender, Bank of Scotland (“the Bank”) in respect of the borrower’s default on a loan facility which had been used to refinance commercial property in an out of more...
18 Dec 2018 11:13
Charles Irvine acts in claim against Sirius Marine Services for defective workmanshipCharles Irvine acted for Mr Greatbatch in a High Court (Business and Property)(Queen’s Bench Division)(Admiralty) claim against Sirius Marine Services Ltd for defective workmanship. The case raised issues as to the correct rate for the loss of use of a pleasure vessel. The Court awarded loss of use more...
18 Dec 2018 08:49
Jurisdiction and Applicable Law after Exit Day: If not that agreement, then what?There is just over 3 months to go until Exit Day, defined by the European Union (Withdrawal) Act 2018 as 11pm on 29 March 2019. If no agreement can be reached between the UK and the European Union on judicial co-operation in civil and commercial matters before then, what rules will apply to more...
11 Dec 2018 10:29
The November 2018 Draft Withdrawal Agreement – Implications for Civil Litigation in the UK?Camille Slow considers those provisions of the Draft Withdrawal Agreement currently due to be considered by Parliament which would have an impact on civil litigation; the Draft Withdrawal Agreement currently under discussion remains heavily contested, but has potentially significant effects on all more...
4 Dec 2018 10:09
Solicitors’ BillsThe court of appeal’s decision in Slade (t/a Richard Slade And Company) v Boodia & Anor [2018] EWCA Civ 2667 is good news for solicitors but potentially not so good for their clients. Introduction: Consider the client of a solicitor who has agreed within the retainer to have interim statute bills more...
23 Nov 2018 09:04
Disclosure, all change please!What is changing, and why? Whilst the full ‘cards on the table’ approach to disclosure in England and Wales may be an important aspect of the litigation process in England and Wales, it can often prove disproportionately expensive. The explosion in the volume of electronic data in recent years is more...
16 Nov 2018 16:12
Jurisdiction after Exit Day: What does the draft Withdrawal Agreement tell us?The Draft Withdrawal Agreement The draft Withdrawal Agreement between the United Kingdom and the European Union was approved by the UK Cabinet on Wednesday 14 November 2018. Formally the “14 November 2018 Draft Agreement on the Withdrawal of the United Kingdom … from the European Union and the more...
8 Nov 2018 16:22
Suspension lifted in Deep Tube Procurement claimsIn the latest High Court ruling on a procurement suspension, Mrs Justice O’ Farrell determined that the suspension should be lifted in claims by Alstom, Hitachi and Bombardier against London Underground Limited (LUL). The procurement concerned a procurement under the 2006 utilities rules concerning more...
2 Nov 2018 11:20
Financing Litigation – Chapter from the little green book of dispute resolutionOur little green book of dispute resolution will be out soon but in the meantime we thought we would provide you with a sneak preview of a couple of key chapters, including this, the Financing Litigation Chapter which is available to download now. When a business faces a dispute, one of the key more...
2 Nov 2018 09:32
No5 Barristers' Chambers earns top rankings in Chambers UK Bar Guide 2019No5 Barristers’ Chambers is delighted that its members and practice areas continue to receive Band 1 ranking in the 2019 edition of the Chambers UK Bar Guide. This year’s guide sees 100 ranked barristers within the set, 12 Band 1 Silks and 23 Band 1 Juniors. Christopher Young QC gains “New Silk”, more...
1 Nov 2018 16:52
Hardwicke celebrates yet more excellent results in Chambers UK Bar Directory 2019Hardwicke is celebrating excellent results in the newly released Chambers UK Bar Directory 2019 with new recommendations in Commercial Dispute Resolution, Restructuring & Insolvency and Real Estate Litigation. Several members also moved up a band in the areas they were recommended. Hardwicke more...
30 Oct 2018 11:39
Magdalen Chambers are again ranked as a leading set by the Legal 500 for 2018Leading set Western Circuit Bar Magdalen Chambers has solid expertise in civil and family law; recent instructions include care proceedings and financial remedy matters. Property law cases are prominent on the civil side, however, members are well versed in commercial, insolvency and planning more...
25 Oct 2018 14:22
Four Fundamentals of Limitation Periods in Contract and Tort ClaimsBy Carl Troman, Barrister and Mediator at 4 New Square Four key points for the limitation period for contract and tort claims. Limitation is fiendishly complex – these are some fundamentals for an ‘all-or-nothing’ defence affecting every claim. Primary Limitation The six year limitation period for more...
25 Oct 2018 07:49
Disputes Matter – Autumn 2018Autumn 2018's Disputes Matter newsletter is available on the Walker Morris website. The round-up features the following articles: Proportionality in litigation costs: Further guidance from the courts Informal contracts, settlements, variations and part-payments: Understand the risks Without the more...
24 Oct 2018 15:06
Service Can Be A Right HassleCarl Troman, Barrister and Mediator at 4 New Square Introduction Last month I gave my ten top tips for service of proceedings. As if on cue the Supreme Court has just given judgment in Barton v Wright Hassall LLP [2018] UKSC 12, a case concerning an unsuccessful attempt to serve proceedings by email more...
24 Oct 2018 15:05
Ten Top Tips for Service of ProceedingsCarl Troman, Barrister and Mediator at 4 New Square Service of proceedings continues to be a fertile ground for disputes. Meritorious and valuable claims can fail on a technicality given how hard it is to obtain a retrospective extension of time for service of a claim form. Here are ten top tips more...
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