132 results
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...
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...
24 Oct 2018 09:58
Brie Stevens-Hoare QC and Oliver Hyams in major victory in fight against “possible fraud” aimed at the elderlyBrie Stevens-Hoare QC and Oliver Hyams are instructed by 27 victims of the ‘possible frauds’ perpetrated by Universal Wealth Management, a wealth planning firm that encouraged elderly individuals to set up trusts in order to avoid paying inheritance tax and care home fees. An investigation into 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...
18 Oct 2018 09:15
Edward Henry QC speaks at AIJA Art Law Today seminarEdward was invited to address the AIJA’s seminar at the British Library on 13th October, 2018. Mr Henry spoke on “A Short History of Art Fraud”. Click here to read Edward’s talk. See Mr Henry's QEB Hollis Whiteman profile here: Edward Henry QC more...
Statutory Charge: Care Costs and Human Rights Act Applications
This is a short note following the further guidance in this area set down by Northamptonshire County Council & Anor v The Lord Chancellor (via the Legal Aid Agency) [2018] EWHC 1628 (Fam) (05 June 2018). http://www.bailii.org/ew/cases/EWHC/Fam/2018/1628.html and the Legal Aid Agency position: http:/ 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...
15 Oct 2018 16:21
Underpayment of court fees and applications to strike out or reallocate: was Lewis and others v Ward Hadaway a storm in a teacup?This blog considers the development of the law since the case of Lewis and others v Ward Hadaway (a firm) in 2015, when the defendant tried to strike out a claim on the basis of the underpayment of court fees by the claimants. It will consider whether there is any recent trend of applying the case more...
15 Oct 2018 08:42
Are the days of the Arkin cap numbered?The Arkin cap has come to be seen as increasingly unfashionable, and a forthcoming hearing may provide some indication of the prospects of it being consigned to the back of the wardrobe of history, according to Stephen Innes of 4 New Square (https:// verycivilbarrister.co.uk). Where a claim backed 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...
4 Oct 2018 08:47
Chris Henley QC leading John Carl Townsend, Simon Csoka QC and Roxanne Morrell represent former directors of Solar Energy Savings Ltd (“SES”) in SFO prosecutionSES had devised the “360 Returns Scheme”, which promised customers a 100% return on the funds they had used in the purchase of the company’s solar panels. Customers were informed that the scheme was viable and had been underwritten by a policy of insurance. Contrary to those claims, the scheme was 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...
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