118 results
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...
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 08:45
Legal Cheek interview with Simon KerryIn his recent interview with Legal Cheek, Simon Kerry talks about life as a junior barrister at Hardwicke. Simon spent four years as a tax associate at accountancy giant PwC before joining Hardwicke as a pupil. A “love for advocacy” prompted his career switch, he says, adding: “I like the excitement more...
6 Sep 2018 15:15
Commission on Justice in WalesThe Commission on Justice in Wales has been set up by the First Minister to review the operation of the justice system in Wales. Terms of reference for the Commission on Justice in Wales. To review the operation of the justice system in Wales and set a long term vision for its future, with a view to more...
8 Aug 2018 07:33
Judgments in Brief: July 2018FromCounsel has published Judgments in Brief: July 2018 – an overview of the judgments covered in July 2018: https://bit.ly/2ORvMOb Note that there will be no Judgments in Brief for August 2018 due to summer recess. 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...
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...
19 Mar 2018 11:55
A birds-eye view of AIFC court practice and procedureDevelopments in Kazakhstan: In the latest in a series of articles on legal developments in Kazakhstan for Practical Law, Paul Fisher of 4 New Square provides a birds-eye view of practice and procedure in the new AIFC Court. Click here to read more. more...
End Of The Road for LIBOR Rigging Claims; or Just a Detour?
The Court of Appeal's decision in Property Alliance Group v RBS [2018] EWCA Civ 355 is a decisive victory for RBS over PAG. However, the door has undoubtedly been opened for other potential claimants. While the CA also made some significant findings on the bank's advisory duties and implied more...
21 Feb 2018 15:53
Gaia Ventures Ltd v Abbeygate Helical (Leisure Plaza) Ltd [2018] EWHC 118 (Ch)Norris J has handed down judgment in the case of Gaia Ventures Ltd v Abbeygate Helical (Leisure Plaza) Ltd. The case was about an overage payment of £1.4million. The key issues were: (a) the meaning of an obligation on a developer (Abbeygate) to use “reasonable endeavours” to achieve “as soon as more...
PERSIMMON HOMES v OVE ARUP: ANOTHER RAID ON THE ARSENAL?
The current trend of appellate decisions is to leave commercial parties of equal bargaining power to their own contractual fate. Persimmon Homes Ltd v Ove Arup and Partners Ltd [2017] EWCA Civ 373, in which the Court of Appeal considered the meaning of an asbestos exclusion clause, reinforces that more...
A return to orthodoxy in matters of contractual interpretation
Summary In its decision in Arnold v Britton [2016] AC 1619 the Supreme Court has restored the supremacy of the traditional approach to the construction of commercial contracts. The parties have the greatest control over the words that they have used in their contract and those words should not be more...
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