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The Commercial Litigation Journal

Arbitration: Unappealing decisions

Shoosmiths LLP

Michael Bennett blows the dust off arbitral appeals on a point of law...

Walker Morris LLP

David Cook seeks certainty from the Supreme Court...

Edmonds Marshall McMahon

Ekaterina Pakerova peers down the rabbit hole to consider ownership and control in freezing injunctions...

Sultan Al-Abdulla & Partners

Thomas Williams, Anna Booth and Michael Lee report on a ground-breaking case where an English judgment was used to enforce a debt in India...

Stewarts Law LLP

Richard Swan looks at the implications of a recent Supreme Court judgment...

Shoosmiths LLP

Andrew Archer counts every second of a recent decision on limitation...

Implied terms: Grief in Greendale

Severn Trent Water Ltd

Kate Raybould highlights the woes of the Post Office...

Penningtons Manches LLP

Clare Arthurs and Nicole Finlayson advise dedicated followers of fashion...

Staff procedures: Create or update an effective family leave policy

Trowers & Hamlins LLP

Anna Scott and Nicola Ihnatowicz explore what a family leave policy should contain in light of recent cases on shared parental leave and the forthcoming right to parental bereavement leave...

Kingsley Napley LLP

Clodagh Hogan and Shannett Thompson consider the lessons from two recent cases in which employees being disciplined were also subject to scrutiny by outside bodies...

Dentons

Laura Morrison and George Fellows outline how to respond to case law that highlights the perils of failing to manage mental health issues effectively...

Fox Williams LLP

Joanna Chatterton and Ed Livingstone discuss developments in sexual orientation discrimination law and key practical steps to minimise the associated risks after research shows significant under-reporting of assault and other harassment...

Weightmans LLP

Recent cases on calculating holiday pay and recording workers’ hours show that it remains tricky for employers to understand and comply with their working time obligations, reports Ben Daniel...

Doyle Clayton Solicitors

Mike Hibberd looks at the lessons from an appeal court ruling on agreeing changes in terms and conditions directly with employees if negotiations with the recognised trade union break down...

Bryan Cave Leighton Paisner LLP

Katherine Pope rounds up the latest case law and developments affecting employers and their advisers...

Keystone Law

Michelle Last continues our series with advice on drawing up a policy to manage leave requests if there is no statutory right to time off – for example if the employee is undergoing gender reassignment or elective surgery...

Overseas divorce: The first hurdle

Brabners LLP

Amy Harris looks at the requirements for leave to make a financial claim after an overseas divorce and the test to be satisfied...

Rayden Solicitors

Rachel Nicholl reviews the approach of the family courts in cases where a party suffers from ill health or a life-limiting illness...

Kingsley Napley LLP

Sital Fontenelle and Elizabeth Burch consider the different approaches to spousal maintenance and whether a formula for maintenance would provide clarity...

St John's Buildings (Chambers of Sally Harrison QC)

Penelope Stanistreet-Keen comments on the implications for children proceedings in the wake of Brexit, and the potential impact of plans to replace the use of EU Regulations with Hague Conventions in such cases...

Stevens & Bolton LLP

Sean Hilton highlights the importance of identifying trust issues at the outset of a case and ascertaining the willingness of trustees to make distributions from such assets...

Slater Heelis

Patricia Robinson and David Wilkinson discuss an appeal against an order for indirect contact where the judge’s approach to evaluation was found wanting...

McAlister Family Law

Chris Fairhurst looks at contempt in child abduction proceedings and when the court may impose a custodial sentence...

Blake Morgan

Eve Piffaretti and Alison Craggs set out the ways in which an LGBT+ person may become a parent, and the legal obstacles they may face in doing so...

Negligence: Developments in parent company liability

Devereux Chambers

Harry Sheehan analyses the recent Supreme Court decision of Vedanta...

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

Noise-induced hearing loss, loss of earnings, Smith v Manchester awards...

QM Legal Costs

Paul Jones reviews a case which illustrates that commencing notification of a claim correctly has a bearing on the costs recovered...

Ropewalk Chambers

Andrew Hogan examines the complex issues that occur with solicitor/client success fees...

Hardwicke Chambers

Helena Drage considers what issues of mitigation arise when a claimant refuses a recommended course of treatment...

Exchange Chambers

Pankaj Madan explores how a party’s capacity affects brain injury litigation...

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

Anonymity orders; media; open justice...

7 Bedford Row

Deirdre Goodwin examines the pitfalls in quantifying brain injury claims...

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...

Injunctions: A workable remedy

Walker Morris LLP

David Manda and Ruth Ormrod report on the Court of Appeal case of Boyd v Ineos Upstream which has provided guidance on the controversial issue of bringing injunctions against ‘persons unknown’...

John Starr

John Starr reviews the ambit of bringing a challenge to an adjudicator’s decision based on jurisdiction...

Fieldfisher

Michael Norris outlines judicial guidance on the reasonableness of non-reliance clauses, and points to consider when attempting to limit a trustee’s liability to the assets of the trust...

Trowers & Hamlins LLP

Rebecca Rees, Douglas Rhodes and Stuart Brown explain the government’s recently announced law reform proposals following the Hackitt Review...

Irwin Mitchell LLP

Leigh Shapiro and Brian Dowling examine proposals on reform of leasehold and commonhold following a spate of recent consultations...

Fieldfisher

Jamie Key considers a case highlighting the importance of noting the terms of the underlying contract and its limitation period when bringing a claim for breach of warranty...

Brabners LLP

A recent case concerning the validity for contracting out of a number of leases raised points regarding authority as well as wider issues, as Kevin Manley finds out...

John Starr

Can fraud that is discovered after adjudication invalidate a decision? John Starr investigates...

Undue influence: Behind the social façade of dementia

New Square Chambers

James McKean examines a recent addition to the growing body of case law on undue influence and the elderly testator...

FDR Law

Stephen Lawson evaluates the case for formal supported will-making...

Baker & Partners

The Jersey Royal Court’s recent refusal to ‘bless’ actions by the trustee shows that court approval cannot be taken for granted. James Sheedy sets out key points to consider...

Forsters LLP

Emma Cooper explores how to set up dividend policies for companies wholly owned by trustees of a life interest trust...

Anthony Gold

How can an estate be admitted to probate when there is a caveat in place? Clare Kelly discusses an unusual case which has lessons for the drafting of LPAs...

Brabners LLP

Duncan Bailey explains why and how the EU’s 5th Anti-Money Laundering Directive affects private client practitioners...