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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 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...

International focus: Asking the right questions

Mills & Reeve

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

Hall Brown

Abigail Lowther considers pre-nuptial agreements and the requirement for needs to be met to ensure such an agreement is valid...

Brabners LLP

Amy Harris summarises the key elements of a claim for proprietary estoppel and highlights the significance of the evidence available to the court in such cases...

Rayden Solicitors

Kayleigh Biswas analyses the circumstances in which a return order may be made despite the left-behind parent’s agreement to a relocation...

1GC|Family

Richard Jones and Laura Coyle examine the approach of the courts to the sufficiency of a child’s understanding where the child seeks to act without a guardian...

LSL Family Law

Linda Lamb sets out the process of hybrid mediation and how it can help families in conflict...

Russell-Cooke LLP

Samantha Little explains the consultation on surrogacy issued by the Law Commissions of England and Wales and Scotland, and the key recommendations...

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...

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...

Leasehold reform: The big picture

Forsters LLP

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

Dentons

As the courts continue to grapple with the issue of ‘appropriate assessment’ under the Habitats Regulations, Jamie McKie examines why this area has attracted so much attention and contemplates what lies ahead...

Fieldfisher

Susan Simpson and Rhodri Pazzi-Axworthy assess how an evolving class of rental accommodation creates legal and practical opportunities and obstacles for the real estate sector...

TLT LLP

Can conditions be implied into a new planning permission or not? Katherine Evans reports on an important Supreme Court ruling...

Brabners LLP

Mortgages of only a part of a development site bring with them a number of challenges when a lender exercises its power of sale. Helen Burns explores the decision in Taurusbuild...

John Starr

John Starr reviews two recent cases reiterating the courts’ stance on whether a contract exists even where it remains unsigned...

Mark Shelton Training

Mark Shelton considers the intricacies of covenants seeking to limit tenants’ actions...

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’...

Undue influence: Reform needed?

Forsters LLP

Emily Exton and Rebecca Welman provide a summary of recent undue influence cases and outline their relevance for practitioners...

Wright Hassall Solicitors

Laura Abbott explores whether ADR should be compulsory in Inheritance Act cases...

Carey Olsen

Mark Dunster and Simon Florance consider lessons from the first private law action brought in the Guernsey courts by a person denied access to assets as a result of a suspicious activity report (SAR)...

Radcliffe Chambers

What should charity trustees do when they cannot even give money away? Josh Lewison discusses...

New Square Chambers

The unusual success of an undue influence claim overturning a will and lifetime transfer sheds light on best practice when dealing with clients who do not speak English. Aidan Briggs explains...