86 results
24 Oct 2018 11:17
Service of proceedings and abuse of process in civil proceedings (Sajid v Nuur)Two practical areas of interest to civil practitioners were examined in this case— the rules on service of proceedings in Civil Procedure Rule (CPR) Part 6 and whether it is an abuse of process when a party submits a duplicate second claim to an earlier counterclaim. Charles Bagot QC acted for the more...
22 Oct 2018 16:13
Privilege and internal investigations: what next for practitioners after ENRC?Writing earlier in 2018, I commented on the inconsistency of approach between two recent cases to consider legal professional privilege: Andrews J’s decision in Director of the Serious Fraud Office v Eurasian Natural Resources Corp Ltd, and that of Sir Geoffrey Vos in Bilta (UK) Ltd (in liquidation) more...
22 Oct 2018 11:13
What should Claimants do when limitation is about to expire?Noting the recent Court of Appeal decision in Grant v Dawn Meats (UK), Stephen Innes and Hannah Daly of 4 New Square consider the options open to Claimants. When things go wrong in this situation, the courts always say that service should not be left to the last minute. That is the best advice of more...
16 Oct 2018 15:21
APP and Cyber Fraud: a Commercial Litigator's PerspectiveWith increasingly complex authorised push payment frauds ensnaring a variety of deep pocket participants, Shail Patel looks at the nascent legal arguments and potential routes for recovery that a victim might pursue. Click here to view the article. © Shail Patel 2018 Disclaimer: this note is more...
11 Oct 2018 09:51
Disclosure in civil litigation: All change please, all change!First published in The In-House Lawyer magazine autumn edition. From 1 January 2019, a mandatory pilot scheme will operate in the Business and Property Courts across England and Wales, ushering in a new era of disclosure management in civil litigation. Walker Morris’ Head of Commercial Dispute more...
The DIFC Court of Appeal: an Appraisal on its 10 year Anniversary
Peter Smith - Senior Associate - Litigation - p.smith@tamimi.com - Dubai International Financial Centre September 2018 31 January 2008 saw the first ever hearing before the DIFC Court of Appeal, in the case of Ithmar Capital Limited v 8 Investment FZE [2008] CA 001. Ithmar was the appeal of a more...
The Reciprocal Enforcement of Judgments, Orders and Arbitral Awards by the ADGM Courts and Abu Dhabi Judicial Department: A Recent and Important Development
On 11 February 2018, the Abu Dhabi Global Market Courts (“ADGM Courts”) and the Abu Dhabi Judicial Department (“ADJD”) signed a memorandum of understanding (“2018 MoU”) to allow the mutual and reciprocal recognition and enforcement of judgments, decisions, orders and ratified arbitral awards between more...
Do Part 36 offers necessarily mean what they say? Bentley Design Consultants v Malcolm Sansom
A recent case, Bentley Design Consultants v Malcolm Sansom, has considered the interaction of the principle of construction of a contract and the procedural code contained in Part 36 of the CPR. The case concerned the proper construction of an offer to settle “the whole of this claim”. At both first more...
Spoilt for choice? How to choose the right mediator
The choice of mediator will have a direct impact on the prospects of a successful mediation outcome. No mediator can guarantee success, but a good mediator should create an expectation of success. Mediators come in all shapes and sizes with a multitude of different backgrounds, levels of experience more...
2 Aug 2018 12:15
Chambers invites applications for pupillages commencing 2018Chambers intends to recruit one family and one civil pupil to start in November 2018. For further details go to https://applications.pupillagegateway.com/vacancies/view/1414 more...
6 Jun 2018 10:42
Barristers Chambers in LondonLaw Lane Chambers is a modern, diverse, progressive and a rapidly-growing common law set based in the Capital with Barristers that specialises in Immigration, Civil, Commercial, Bankruptcy, Housing, Professional Negligence, Employment, Family and Criminal Law. For More Information on our chambers more...
14 May 2018 11:15
Third Party Rights in FCA Supervisory Notices: room for more?Shail Patel of 4 New Square considers the decision of the Upper Tribunal in UK Innovative TI Limited v Financial Conduct Authority [2018] UT 0136 (TCC), confirming that third parties have no statutory rights in relation to supervisory notices issued by the FCA. However, with evident dissatisfaction more...
PACE POLANSKI
KHRAPUNOV V. JSC BTA BANK [2018] EWCA 819 In 2005 the House of Lords, by a bare majority, ruled that a claimant who was not prepared to come to England to give evidence at his defamation trial because he feared extradition to another country if he did, could be allowed to give his evidence via a more...
18 Apr 2018 15:23
JSC BTA Bank v Khrapunov & Unlawful Means Conspiracy: The Search for Clarity ContinuesArticle written by Matthew Bradley of 4 New Square on Wednesday 18th April 2018 Introduction The Supreme Court handed down its judgment in JSC BTA Bank v Khrapunov [2018] UKSC 19, the latest in a long line of decisions concerning Mr Ablyazov, on 21 March 2018. The decision will now sit on the shelf more...
Relief from sanctions: 10 top tips
This feels like an appropriate time to reflect on my experiences arguing dozens of these applications in a range of different courts. It has been a little over 4 years since the revision to CPR 3.9 which refined the test for relief from sanctions, and 3 years since the seminal clarification of the more...
Riaz v Ashwood: the latest decision in a cluster of applications by clients seeking disclosure of their former solicitors’ file.
Master James has noted that courts are receiving a large and increasing number of these types of claims; the increase was attributed to a new business model by which new lawyers seek to challenge the deduction by previous solicitors from their client’s damages of a success fee under a post-LASPO CFA more...
Shareholder Protection from Unfair Prejudice: Case and Statute Citator 2018
Shareholder Protection from Unfair Prejudice: Case and Statute Citator 2018 compiled by Andrew Marsden, Barrister Part 30 of the Companies Act 2006 enables a shareholder in a company who is being treated in an 'unfairly prejudicial’ way to seek relief from the court. Typically, these cases involve more...
Commercial Agents: Case and Statute Citator 2018
Commercial Agents: Case and Statute Citator 2018 The terms of the Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053) (as amended) ('the Regulations') implement Council Directive 86/653 [1986] OJ L382/17 ('the Directive'). The Regulations came into force on 1 January 1994 and more...
Unfinished business: the Qatari commercial dispute that landed a Cayman Islands Judge in conflict
The Privy Council in Almazeedi v Penner and another (Cayman Islands) [2018] UKPC 3 have stressed the fundamental nature of the right to a fair trial by an independent and impartial tribunal. Almazeedi is a working example of how and when a Judge’s decision may be overturned on appeal due to the more...
On brevity
It was the weekend and I found myself sat in a room full of barristers and judges, a little too much like how I spend some of my weekdays. We were gathered for a compulsory training course run by Gray’s Inn for new practitioners (barristers of under four years’ advocacy experience). Most of my group more...
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