118 results
28 Jan 2019 10:22
Wolff v Trinity Logistics USA Inc: the implications for civil appealsI recently acted as junior counsel in Wolff v Trinity Logistics USA Inc, where the Court of Appeal considered the circumstances in which a respondent to an appeal requires permission to run a defensive case. The issue arose in the following context: Trinity USA’s claim against Mr Wolff in procuring more...
18 Jan 2019 16:00
Commercial Agents and the ‘Commodities Market Exception’ in the Court of Appeal: A Rough Diamond Cut and PolishedW Nagel (a Firm) v Pluczenik Diamond Company NV [2018] EWCA Civ 2640 29 November 2018 The Court of Appeal overturned the landmark finding of the High Court to hold that ‘Sights’ for the sale of rough diamonds are not ‘commodities exchanges’ for the purpose of the Commercial Agents (Council Directive more...
16 Jan 2019 16:04
Concordia warrant challenge is dismissedThe High Court (Marcus Smith J) has today dismissed Concordia’s long running challenge to the warrant granted to the CMA in respect of Concordia’s premises in October 2017. The ruling concerns the first challenge to a warrant granted under the Competition Act 1998. The decision is the subject of an more...
9 Jan 2019 16:05
Are your website terms and conditions shipshape?Having been awarded a £13.8m contract to run freight services following a possible no-deal Brexit, Seaborne Freight was left red-faced after its website terms and conditions appeared to have been copied from a takeaway restaurant. Using Sparqa Legal’s expertly-drafted set of legal documents and more...
8 Jan 2019 17:41
October 2019 pupillage applications now openChambers are offering two pupillages, one civil and one family. For details on how to apply please go to the following link. https://www.magdalenchambers.co.uk/pupillage-applications-are-now-open/ 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...
3 Jan 2019 14:28
ATE and security for costs: Lewis Thermal Limited v Cleveland Cable Company LtdThis is the third occasion on which I have posted on this blog on the issue of after the event insurance (ATE) policies and the impact which they have on applications for security for costs. In the first post on 16 November 2017, I praised the judgment of Snowden J in Premier Motorauctions v 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...
30 Nov 2018 13:51
The Disclosure Pilot: time to get readyParties using the Business and Properties Courts need to familiarise themselves with a new Disclosure Pilot Scheme that is set to commence operation on 1 January 2019. In this article, co-authors of Electronic Disclosure: law and Practice (OUP, 2017) Michael Wheater and Charles Raffin run through an more...
28 Nov 2018 14:11
No implied agreement/duties between bank and commercial borrowerThe High Court has resisted a commercial borrower’s attempt to imply an over-arching contractual agreement and equitable duties between it and its lender. Walker Morris’ Banking & Finance Litigation partners Rob Aberdein and Richard Sandford comment on the recent case of Standish v Royal Bank of more...
20 Nov 2018 09:32
‘Breathing Space’ for Debtors and Statutory Debt Repayment PlansFollowing on from the recent budget, HM Treasury has published a consultation on two new consumer credit policies. The consultation builds upon the Government’s call for evidence which was concluded in January 2018 and on existing successful practice in the Scottish Debt Arrangement Scheme (DAS) 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...
14 Nov 2018 16:51
Is this the end of witness statements?I don’t know if it has come across your desk (or pinged up on your email), but there is an important survey being undertaken right now concerning the future role (if any) for factual witness statements in the Business & Property Courts. The survey link is here and I strongly encourage you to respond more...
14 Nov 2018 12:54
Addressing ‘review fraud’ in the online retail marketplaceWalker Morris’ Head of Commercial Dispute Resolution and retail specialist Gwendoline Davies explains ‘review fraud’ and offers potential solutions for retailers. What is the issue? Fake reviews have featured in the press a lot recently, but they are certainly not a new phenomenon and such practices more...
5 Nov 2018 13:52
Letters of intent – what you need to knowWith the recent Court of Appeal decision in Arcadis Consulting v AMEC [2018] EWCA Civ 2222 highlighting the risks involved in working under a letter of intent, it is worth having a recap on this area of law. I. What are letters of intent? A letter of intent or LOI, is a general term for a document more...
2 Nov 2018 15:18
Commercial negotiations and draft contracts: the
formation of a binding contractThe Rotam Agrochemical Co Ltd v. GAT Microencapsulation GmbH decision 1. In commercial negotiations, a contract will generally be formed at the point when the parties: intend (objectively) to be bound; and have agreed the terms that they regard as essential. In Rotam Agrochemical Co Ltd v. GAT more...
2 Nov 2018 09:16
'Top notch' Ten Old Square recognised for its expertise by the independent legal directoriesTen Old Square are “acknowledged as one of the finest, full-service Chancery sets, containing many outstanding barristers” in this year’s Chambers and Partners UK Bar 2019 rankings. We are recognised as “… a set that employs the latest technology and know-how to deliver a modern and efficient client more...
1 Nov 2018 16:19
“Go-to” Exchange Chambers is “home to top-flight barristers” says Chambers and Partners 2019Exchange Chambers has retained its Band 1 ranking as a Northern Powerhouse in this year’s Chambers and Partners legal directory. Described as “home to top-flight barristers” and “one of the go-to sets” Exchange Chambers is also praised for its “strong presence across the North of England”. A record more...
26 Oct 2018 10:21
Simon Howarth successfully defends national IFA NetworkMr Justice Jacobs today handed down judgment in favour of the Defendant in Anderson v Sense Network [2018] EWHC 2834 (Comm). Simon acted for the successful Defendant Network, instructed by RPC, against over 90 Claimants. The case arose from a Ponzi scheme orchestrated by an Appointed Representative more...
26 Oct 2018 09:24
Ealing Care Alliance Ltd v London Borough of Ealing [2018] EWHC 2630 (TCC)Background Ealing Care Limited (“ECA”), entered into a PFI Framework Agreement with the London Borough of Ealing (“LBE”). Under that Agreement, ECA was to provide care home services for LBE for no less than 27 years. Crucially, there was a Benchmarking procedure in the Agreement. The purpose of that more...
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