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The Commercial Litigation Journal

Mediation: Taking the high road

Clyde & Co LLP

Peter Hirst and Anne Kentish digest a new report on mediation...

Walker Morris LLP

Rachel Elgar explains the ‘push payment fraud’ and how pursuing injunctions against ‘persons unknown’ can prove effective...

Hardwicke Chambers

Martyn Griffiths reports on a recent decision on proportionality...

Hausfeld & Co LLP

Nicola Boyle and Lucy Rigby discuss the application for a collective proceedings order against Mastercard...

Stewarts Law LLP

Cécile Perrault outlines judicial treatment of the three-limbed test to challenge jurisdiction...

Beale & Co

Andrew Jones measures the minefield of mistakes...

Temple Bright

James Falle reviews the avoidance of procurement challenges...

Penningtons Manches Cooper LLP

Clare Arthurs and Nicole Finlayson reveal the disclosure pilot scheme in practice...

Staff procedures: Create or update a data protection policy for employees

Charles Russell Speechlys LLP

Kirsti Laird and Josie MacLeod explain what your policy should contain to minimise the risk of staff breaching data subjects’ rights...

Irwin Mitchell LLP

Dr Sybille Steiner considers the pros and cons of having a single handbook covering all the jurisdictions in which a company operates...

Fox Williams LLP

Joanna Chatterton and Jessica Ambrose discuss transgender discrimination and give practical guidance for employers to minimise their legal risks and promote an inclusive culture...

Lewis Silkin

Karen Baxter and Tom Heys explore the legal and practical issues around employing people with neurodivergent conditions and how employers can develop a more neurodiverse workforce...

Norton Rose Fulbright

The Supreme Court has adopted a more liberal approach to severing words from a non-compete clause to make it enforceable, reports Claire Darbourne...

Dechert LLP

Charles Wynn-Evans analyses recent case law on the thorny issue of when an employer is considered to have knowledge of an employee’s disability...

DLA Piper UK LLP

Clare Gregory examines the proposed reform of SSP, the right to request workplace modifications and a new labour market enforcement body...

Hogan Lovells

Jo Broadbent rounds up the latest case law and developments affecting employers and their advisers...

Costs: A blast from the past?

Rayden Solicitors

After balancing the pros and cons, Julian Bremner makes a case for the return of modified Calderbank offers...

Withers LLP

James Copson looks at the recommendations in the Pension Advisory Group report and highlights the potential pitfalls when dealing with pension assets...

Stowe Family Law

Julian Hawkhead and Cheryl Grace ask whether pre-nuptial agreements have finally come of age...

Hall Brown

Emma Dewhurst outlines the approach to fact-finding within private children proceedings where there have been previous orders within domestic abuse proceedings...

Forsters LLP

Simon Blain and Hannah Mantle consider whether nuptial agreements have a role to play as to the division of assets on death...

4 Kings Bench Walk (Chambers of Timothy Raggatt QC)

Chris Bryden and Jennifer Lanigan argue that the inconsistent approach to DNA samples held by non-medical organisations requires reform...

Kingsley Napley LLP

Catherine Maguire analyses the decision in AJ v DM, which demonstrates the dangers of reliance on a sole domicile petition...

Mills & Reeve

Suzanne Kingston and Ciara Moore highlight key considerations for pre-nuptial agreements around the world...

Brain injury claims: Rehabilitation after catastrophic and severe brain injury

Exchange Chambers

Pankaj Madan examines the importance and types of rehabilitation available after brain injuries...

12 King's Bench Walk (Chambers of Paul Russell QC)

Life expectancy evidence; Ogden tables; medical experts...

Zenith Chambers

Jonathan Holsgrove provides practical advice on how to achieve the courts’ approval...

9 Gough Square (Chambers of Jacob Levy QC)

Kieran Coleman advises on the prospects of success, prejudice and the administration of justice...

QM Legal Costs

Paul Jones reviews where the line is drawn between tactical and valid offers to settle...

Temple Garden Chambers

Can a court award some but not all of the Part 36 consequences under CPR r36.17(4)? Harriet Wakeman discusses...

12 King's Bench Walk (Chambers of Paul Russell QC)

Richard Viney considers the practical effects of the Motor Vehicles Regulations 2019...

Farrars Building

Michael Dougherty looks at a recent case involving a slip on airline steps that clarifies the circumstances in which the definition of ‘accident’ is met...

Legislation: Going public

Millstream

Duncan Dallas sets out the new procurement thresholds...

TLT LLP

Alexandra Holsgrove Jones and Katherine Evans report on the recent amendment to the indexation provisions of the CIL Regulations...

Fenwick Elliott

Jeremy Glover examines the recoverability of overheads and profits as part of a damages claim...

Mills & Reeve

Claire Williams summarises the latest government response to the Cybersecurity Directive...

Paris Smith LLP

Peter Kershaw answers some key questions on battery storage...

Practice: Begin the beguine

Chris Hoyle

Chris Hoyle reflects on effective contract management...

Burges Salmon LLP

Patrick Parkin interrogates recent Crown Commercial Service guidance...

Womble Bond Dickinson

Helen Pearce and Sam Cave-Browne-Cave provide clarification on liquidated damages and the scope of final accounts...

Construction focus: The tale of the approved inspector

John Starr

Can an approved inspector be pursued when recovering damages for a defective building? John Starr investigates...

University of Greenwich

Mark Pawlowski highlights some far-reaching implications arising out of the case law on beneficial ownership...

Brabners LLP

Tom Wright provides a step-by-step guide to the intricacies of first registration...

CMS

Warren Gordon summarises current thinking on the validity of e-signatures...

Mark Shelton Training

With demand for flexible office space on the rise, Mark Shelton considers the best arrangements for sharing space...

Dentons

The Court of Appeal has reversed a controversial line of case law on the rectification of contracts where both parties are mistaken about a contract’s legal effect, as Oliver Saunders finds out...

Herbert Smith Freehills LLP

Jane McMenemy and Fiona Sawyer examine potential Labour Party planning policy following publication of a report promoted by the party’s general secretary...

Forsters LLP

Emma Gosling sets out the timeline on leasehold reform and the government’s latest proposals...

Charity land: Tomb raider

Lee Bolton Monier-Williams

Ian Blaney and Ben Nichols report on an unusual case that contains a warning for charity trustees of the dangers of adverse possession...

5 Stone Buildings

Will drafters need to be careful of how they frame conditions applying to testamentary gifts. Michael O’Sullivan explains...

Selborne Chambers

Francis Ng outlines a rare modern example of rescission for mistake in hostile proceedings...

University of Wolverhampton

Sukhninder Panesar looks at recent case law on liability for knowing assistance...

Macfarlanes LLP

Nicholas Harries and Charlotte Kynaston explore draft inheritance tax legislation on additions to settlements and transfers between settlements...

Charles Russell Speechlys LLP

Oliver Auld examines the limitations of ‘anti-Bartlett’ clauses following Zhang Hong Li v DBS Bank...

Brabners LLP

The Office of Tax Simplification (OTS) has published the second part of its report into IHT. Hannah Bates and Russell Kaminski discuss...

Musings from Manchester: Back to basics

Old Trafford Consulting Ltd

Geoffrey Shindler returns to the question of accountability for regulators...

Clarke v Allen

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