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Thinking - Blog

ISDA publishes 2013 Arbitration Guide

Published on 01 Oct 2013. By Chris Ross, Partner

ISDA (the International Swaps and Derivatives Association) has published the 2013 ISDA Arbitration Guide, ...

Thinking - Blog

High Court considers RBS's liability for structured lending facility

Published on 20 Sep 2013. By Tom Hibbert, Partner

The recent decision by the English High Court in Torre Asset Funding Limited & anr v The Royal Bank of Scotland plc1 ...

Thinking - Blog

Clipping the wings of the Norwich Pharmacal jurisdiction

Published on 13 Sep 2013.

In NML Capital Ltd v Chapman Freeborn Holdings Ltd1, the Court of Appeal has clarified the circumstances in which Norwich Pharmacal2 relief will be available.

Thinking - Blog

Court of Appeal considers extent of fiduciary duties in joint venture agreements

Published on 10 Sep 2013.

In the recent case of Ross River v Waveley Commercial Limited and Peter Barnett, ...

Thinking - Blog

A recent High Court decision acts as a reminder to take care in seeking to settle disputes

Published on 28 Aug 2013. By Alan Williams, Partner

The recent decision by the English High Court in Newbury v Sun Microsystems [2013] EWHC 2180 (QB) underlines the importance for lawyers of taking care when settling disputes.

Thinking - Blog

High Court rules that South African subsidiary was not domiciled in England

Published on 23 Aug 2013.

In Vava –v- Anglo American South Africa Ltd (AASA) and Young–v- AASA

Thinking - Blog

High Court considers non-party costs order on appeal

Published on 15 Aug 2013. By Dan Wyatt, Partner

The High Court recently gave judgment on an appeal against a master's costs decision in AP (UK) Limited v West Midland Fire & Civil Defence Authority.

Thinking - Blog

Supreme Court sheds light on service of English proceedings abroad

Published on 07 Aug 2013. By Jake Hardy, Partner

The Supreme Court in its decision in Abela & Ors v Baadarani considered the requirements for service of English proceedings abroad, ...

Thinking - Blog

Calculating the value of a restitutionary award in a claim for unjust enrichment

Published on 07 Aug 2013.

The Supreme Court judgment in Benedetti v Sawaris and others ([2013] UKSC 50) clarified the basis on which a court should evaluate the remuneration (or quantum meruit) for the value of a person's services based on the unjust enrichment of the person receiving the services.

Thinking - Blog

Force India in the Court of Appeal – a winning formula?

Published on 22 Jul 2013.

The Court of Appeal in Force India has recently provided some helpful guidance on breach of confidence in the commercial arena1.

Thinking - Blog

The English court's power to grant anti-suit injunctions in support of arbitration

Published on 19 Jul 2013. By Chris Ross, Partner

The Supreme Court judgment in Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] ...

Thinking - Blog

Defining 'directorship' for director disqualification

Published on 08 Jul 2013.

The recent High Court decision in Re UKLI Limited provides a useful summary of both the factors that the court will take into account when determining whether an individual is a shadow director or a "de facto" director and the differences between these two concepts.

Thinking - Blog

The corporate veil: Prest, but not pierced

Published on 08 Jul 2013. By Adam Forster, Senior Associate

The Supreme Court has recently given judgment in the case Prest (Appellant) v Petrodel Resources Limited and others (Respondents), following an appeal from the Court of Appeal.

Thinking - Blog

Cost Budgeting – more guidance please

Published on 02 Jul 2013.

Troy Foods v Manton, concerns an application for permission to appeal an approval of a costs budget.

Thinking - Blog

Keeping one's (written) word

Published on 24 May 2013.

The Court of Appeal has recently applied some judicial brakes on the movement towards contextual, business common sensical, interpretations of commercial agreements.

Thinking - Blog

China Arbitration Update - a local (international) difficulty

Published on 10 May 2013.

The on-going dispute between, on the one hand, CIETAC and, on the other, SHIAC (the new Shanghai International Arbitration Center1) and SCIA (the new Shenzhen Court of International Arbitration), unfortunately, shows no sign of abating for now.

Thinking - Blog

An ATE policy can be sufficient security

Published on 26 Apr 2013.

In Geophysical Service Centre Company Ltd v Dowell Schlumberger (Middle East) Inc, the claimant was successful in defending a security for costs application on the basis that, ...

Thinking - Blog

Individual investors who "speculate" having a tough time in court

Published on 19 Apr 2013.

In my "blog" of 8 March 2013, I refer to a couple of cases in which individual claimants have successfully sued a bank, basically in negligence for failing preserve their wealth; for example, Deutsche Bank AG v Chang [2012] SGHC 248 (subject to appeal) and Rubenstein v HSBC Bank Plc [2012] EWCA Civ 1184 (an appeal court judgment).

Thinking - Blog

LIBOR manipulation claim stumbles

Published on 05 Apr 2013. By Chris Ross, Partner

In Deutsche Bank AG v Unitech Global Limited 2013 EWHC 471 (Comm) Cooke J refused permission for the defendants to amend their defence and counterclaim to refer to misrepresentations relating to the alleged manipulation of LIBOR by Deutsche Bank, on the basis that the amended claims had no reasonable prospect of success.

Thinking - Blog

Excluding liability (and avoiding judicial red ink)

Published on 28 Mar 2013.

Exclusion clauses – by which a party excludes or restricts a liability or duty that would otherwise arise – are common 'boilerplate' provisions in commercial agreements.

Thinking - Blog

Successful lawsuit against bank in Singapore but appeal due

Published on 08 Mar 2013.

In Deutsche Bank AG v Chang [2012] SGHC 248, the Singapore High Court has upheld a retail investor's claim that the bank owed a pre-contractual duty of care to advise him as to (among other things) the preservation of his new wealth, despite contractual disclaimer and estoppel points arising out of a subsequently signed service agreement with the bank.

Thinking - Blog

Substantively procedural: Delineating boundaries in cross-border litigation

Published on 14 Feb 2013.

In a recent decision, the High Court has ruled that the manner in which expert evidence should be given is to be determined by reference to the procedural law of the forum and not the applicable, substantive law governing the dispute.1

Thinking - Blog

Going viral: Supreme Court on YouTube

Published on 06 Feb 2013.

It has now been two weeks since the launch of the UK Supreme Court's YouTube channel.[1]

Thinking - Blog

Security Trustee – fiduciary or mortgagee?

Published on 06 Feb 2013. By Adam Forster, Senior Associate

The High Court has recently given judgment in a case* relating to the duties owed by a security trustee to mezzanine lenders, in circumstances where the security trustee is enforcing security on behalf of senior lenders.

Thinking - Blog

Court dismisses interest rate swap misselling case

Published on 29 Jan 2013. By Tom Hibbert, Partner

Green & Rowley v RBS1, the first reported case of its kind to come before the English court, saw Mr Green and Mr Rowley – property developers operating in a partnership (the "Claimants") – bring proceedings against the Royal Bank of Scotland (the "Bank"), alleging that they had been mis-sold an interest rate hedging product.

Thinking - Blog

The meaning of (commercial) words

Published on 21 Jan 2013.

Arguing over the meaning of words is an archetypal lawyerly activity and one which litigators accustomed to disputes over contractual construction know all too well.

Thinking - Blog

Enforcing Insolvency Orders in England & Wales following Rubin v Eurofinance

Published on 17 Jan 2013.

The UK Supreme Court judgment in the conjoined cases of Rubin and another v Eurofinance SA and others and New Cap Reinsurance Corporation (in Liquidation) and another v AE Grant and others [2012] UKSC 46, which provides vital clarification on the effect of foreign insolvency judgments on the UK courts.

Thinking - Blog

Injunctive relief in support of foreign proceedings: don't fall at the first hurdle

Published on 09 Jan 2013. By Dan Wyatt, Partner

Following RPC Commercial Litigation Blog post "Granting interim relief in support of foreign proceedings: the expediency test revisited",...

Thinking - Blog

Whose claim is it anyway?

Published on 05 Dec 2012.

COURT HAS WIDE DISCRETION WHEN ADDING, REMOVING AND SUBSTITUTING PARTIES

Thinking - Blog

Granting interim relief in support of foreign proceedings: the expediency test revisited

Published on 03 Dec 2012. By Dan Wyatt, Partner

Will the English courts grant claimants a worldwide freezing order ("WFO") or other interim relief in support of foreign proceedings, even if a defendant has no assets in the jurisdiction?

Thinking - Blog

Guardian Care Homes v Barclays Bank PLC – LIBOR manipulation: update

Published on 09 Nov 2012.

SERIOUSLY ARGUABLE CASE ON LIBOR-FIXING SURVIVES INTERLOCTUTORY STAGE

Thinking - Blog

Illegality – it's a question of proportionality

Published on 07 Nov 2012.

The recent case of ParkingEye v Somerfield Stores Limited saw the Court of Appeal grapple with the impact of illegality in contracts.

Thinking - Blog

Counterclaims and Part 36 offers

Published on 23 Aug 2012.

Picture the situation, your client is the Defendant in proceedings where it has asserted a large Counterclaim.

Thinking - Blog

The danger of sitting on your right to appeal

Published on 23 Aug 2012.

Two recent Court of Appeal cases have illustrated that the courts will take a strict approach to unsuccessful litigants who bring appeals out of time.

Thinking - Blog

When should open justice be curtailed? Russian oligarchs learn the answer

Published on 07 Aug 2012. By Simon Hart, Partner, Head of Commercial Disputes

It is an important principle of civil justice that proceedings are ordinarily conducted in public in open Court.

Thinking - Blog

Beware of "settling" for standard form settlement wording

Published on 16 Jul 2012.

The recent decision of the Court of Appeal in the case of Kazeminy v Siddiqi1 highlights the potential pitfalls that await parties who rely on standard form settlement wording to settle complex multi-party disputes.

Thinking - Blog

HMRC scores own goal in insolvency ruling regarding the Football League

Published on 26 Jun 2012.

In HMRC v The Football League Ltd1 the High Court delivered judgement on the controversial "football creditor rule" operated by The Football League.

Thinking - Blog

A Defendant's Assets - What About Their Pension Fund?

Published on 23 May 2012.

In the recent case of Blight and others v Brewster1, the High Court allowed a judgment debt to be enforced against part of a defendant's pension fund.

Thinking - Blog

Some Other Good Reason - Default Judgment and the Court's Discretion

Published on 30 Apr 2012.

The Court can set aside default judgment where either: (a) the defendant has a real prospect of successfully defending the claim; or (b) it appears to the court that there is some other good reason why the judgment should be set aside or varied or the defendant should be allowed to defend the claim.

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