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The Law of Confidence – Where are we now?
Our latest article, which first appeared in the March 2014 issue of PLC Magazine, ...
Read moreMarket manipulation: why you should give a Forex
Allegations of manipulation in the Forex market have the potential to give rise to both regulatory fines and legal claims dwarfing those relating to LIBOR –
Read moreRelief from sanctions: round-up of recent decisions
Please click here for our latest article which looks at three recent decisions concerning relief from sanctions following the much publicised changes in April 2013 and the seminal case of Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537.
Read moreWhen within Rome I or II, do as your EU counterpart might (or might not) do but not in quite the same way they would do it.
It seems fairly uncommon[1] for a personal injury action to become a precedent of interest to, and significance for, commercial lawyers.
Read moreMisrepresentor remains in firing line following change of counterparty
In Cramaso LLP v Ogilvie-Grant, Earl of Seafield and others[i] the Supreme Court considered whether a party could be liable for a negligent pre-contractual misrepresentation in circumstances where the party to which the representation was originally made was not the ultimate contracting party.
Read moreReflective loss – Court of Appeal decision mirrors the position in Gardner v Parker
In the case of Malhotra v Malhotra & Anor[1], the claimant, Mr Rakesh Malhotra, had given a cross-undertaking in damages in support of a without notice injunction, which was later discharged.
Read moreDeferred Prosecution Agreements (DPAs) go live
The Director of the Serious Fraud Office, David Green, regards DPA s as "a welcome addition to the prosecutor's tool kit" but nevertheless has confirmed that "Prosecution remains the preferred option for corporate criminality".
Read moreCommercial Court confirms principles relating to law governing arbitration agreements
The case of Habas Sinai v VSC Steel Company[1] reinforces the importance of providing for a governing law in contracts, particularly if the parties want an arbitration agreement to be governed by a different law from the law of the seat of the arbitration.
Read moreCourt clarifies relationship between the CPR and the Companies Act when serving a director resident abroad
Following a recent judgment of the High Court, it has been held that an individual who is resident abroad, but who is a director of a UK company, can be served with documents, ...
Read moreState Street fine shows increasingly active FCA
On Friday 31 January 2013, the Financial Conduct Authority ("FCA") released its Final Notice in relation to an investigation of two of State Street's UK businesses.
Read moreSupreme Court rules that two wrongs can make a right (to rectify)
The Supreme Court has allowed an appeal to alter mirror wills, signed by the wrong testators, in order that the intended heir may inherit. In Marley v Rawlings and another[1], Lord Neuberger held that the wills should be rectified on the basis that a 'clerical error' had occurred.
Read moreSPLIT TRIALS – does proportionality rule supreme?
The case management of proceedings in the High Court is governed at all times by the overriding objective which is to enable the Court to deal with cases justly and at proportionate cost.
Read moreLitigation privilege – a cautionary tale
In Starbev GP Ltd v Interbrew Central European Holding BV [2013] EWHC 4038 (Comm), the Claimant, Starbev GP Ltd ("Starbev"), successfully challenged the claim of the Defendant, Interbrew Central European Holding BV ("ICEH"), to withhold inspection of two categories of documents on the ground of litigation privilege.
Read moreCourt of Appeal warns claimants to tread carefully when faced with multiple tortfeasors
In Gladman Commercial Properties, the Court of Appeal has upheld a High Court decision to strike out a second claim, brought against joint tortfeasors who were not parties to an earlier claim which had been compromised by a settlement agreement.
Read moreCourt of Appeal emphasises importance of truthful pleadings
The Court of Appeal has recently upheld the High Court’s decision in Makdessi –v- Cavendish Square[1] allowing committal proceedings for contempt of court to be brought against Mr Makdessi for making false statements in his pleadings.
Read moreFairness is key in a securities lending agent's communication with clients
In AP-Fonden v Bank of New York Mellon SA/NV & Ors[1] the High Court considered the nature and extent of the duty of care owed by a securities lending agent when managing a client's portfolio.
Read moreDavid Cody v Andrew Murray and others [2013] EWHC 3448 (Ch)
In a recent decision the High Court ordered a Claimant based in Texas to pay security for costs.
Read moreLatest investor's lawsuit in Hong Kong
As stated in our blog of 19 April 2013, investors are facing some rather strong headwinds in trying to sue banks and financial institutions in Hong Kong.
Read moreThe Financial Crisis - Where are we now?
"The first thing we do, let's kill all the lawyers" was the cry that famously went up in a peasant's revolt dramatised by Shakespeare centuries ago.
Read moreThe Alexandros T
The Supreme Court in The Alexandros T has delivered an important decision on the application of Articles 27 and 28 of Regulation 44/2001 in the English courts.
Read moreFinancial Litigation Roundup 2012 - 2013
Please click here for our bulletin containing a roundup of the key judgments from litigation in the banking sector in 2012/2013 and review of matters currently before the courts.
Read moreHigh Court considers service of breach of warranty claim
In Ageas (UK) Limited -v- Kwik-Fit (GB) Limited, the court considered a preliminary issue regarding service of proceedings in a breach of warranty claim.
Read moreDiscretion to stay - exclusive jurisdiction clauses and foreign proceedings
In Nomura International Plc v Banca Monte Dei Paschi Di Siena SpA [2013] EWHC 3187 (Comm), ...
Read moreSilence can be expensive - the dangers of ignoring an opponent's ADR Request
In PGF II SA v OMFS Co [2013] EWCA Civ 1288, the Court of Appeal extended the guidelines set out in Halsey v Milton Keynes General NHS Trust[1]
Read moreLate but not too late: new claims and time bars
The High Court has recently considered the extent to which pleadings can be amended to introduce new claims out of time in the case of Nolan & others v Tui UK Limited.
Read moreCourt of Appeal makes it clear that a skeleton argument is not a vehicle for the introduction of unpleaded claims
The Court of Appeal has recently handed down judgment in the case of Credit Suisse AG v. Arabian Aircraft & Equipment Leasing Co EC.
Read moreHow well do you know your Expert Witness?
The High Court decision in Proton Energy Group SA v Orlen Lietuva [2013] EWHC 2872 is a warning to all litigators to choose their expert witnesses wisely.
Read moreActing in Good Faith – is this now a given under English Law?
Under many civil law jurisdictions, such as France, Germany, and Italy, the law of obligations recognises and enforces an overriding principle (derived originally from Roman law) that in making and carrying out contracts parties should act in good faith.
Read moreHigh Court confirms that general principles of contractual construction apply to 'misnomer principle'
In Liberty Mercian Limited v (1) Cuddy Civil Engineering Limited (2) Cuddy Demolition and Dismantling Limited
Read moreISDA publishes 2013 Arbitration Guide
ISDA (the International Swaps and Derivatives Association) has published the 2013 ISDA Arbitration Guide, ...
Read moreHigh Court considers RBS's liability for structured lending facility
The recent decision by the English High Court in Torre Asset Funding Limited & anr v The Royal Bank of Scotland plc1 ...
Read moreClipping the wings of the Norwich Pharmacal jurisdiction
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.
Read moreCourt of Appeal considers extent of fiduciary duties in joint venture agreements
In the recent case of Ross River v Waveley Commercial Limited and Peter Barnett, ...
Read moreA recent High Court decision acts as a reminder to take care in seeking to settle disputes
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.
Read moreHigh Court rules that South African subsidiary was not domiciled in England
In Vava –v- Anglo American South Africa Ltd (AASA) and Young–v- AASA
Read moreHigh Court considers non-party costs order on appeal
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.
Read moreSupreme Court sheds light on service of English proceedings abroad
The Supreme Court in its decision in Abela & Ors v Baadarani considered the requirements for service of English proceedings abroad, ...
Read moreCalculating the value of a restitutionary award in a claim for unjust enrichment
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.
Read moreForce India in the Court of Appeal – a winning formula?
The Court of Appeal in Force India has recently provided some helpful guidance on breach of confidence in the commercial arena1.
Read moreThe English court's power to grant anti-suit injunctions in support of arbitration
The Supreme Court judgment in Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] ...
Read moreDefining 'directorship' for director disqualification
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.
Read moreThe corporate veil: Prest, but not pierced
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.
Read moreCost Budgeting – more guidance please
Troy Foods v Manton, concerns an application for permission to appeal an approval of a costs budget.
Read moreKeeping one's (written) word
The Court of Appeal has recently applied some judicial brakes on the movement towards contextual, business common sensical, interpretations of commercial agreements.
Read moreChina Arbitration Update - a local (international) difficulty
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.
Read moreAn ATE policy can be sufficient security
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, ...
Read moreIndividual investors who "speculate" having a tough time in court
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).
Read moreLIBOR manipulation claim stumbles
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.
Read moreExcluding liability (and avoiding judicial red ink)
Exclusion clauses – by which a party excludes or restricts a liability or duty that would otherwise arise – are common 'boilerplate' provisions in commercial agreements.
Read moreSuccessful lawsuit against bank in Singapore but appeal due
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.
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