Legalease Law Journals | Wills & Trusts Law Reports

The Commercial Litigation Journal

Privilege: Don’t quote me on this

Allen & Overy

Richard Farnhill concludes his examination of privilege and considers if the system is fit for purpose...

Walker Morris LLP

Gwendoline Davies explores Supreme Court case law on contractual damages...

Herbert Smith Freehills LLP

Rachel Lidgate and Maura McIntosh discuss a case on variations after a no oral modification clause...

Latham & Watkins

Oliver Middleton summarises a recent case of dishonesty and offers to settle...

Burges Salmon LLP

Andrew Burnette looks at liability and the unknown: can the provider of a reference be responsible if it doesn’t know who will rely on it?...

Herbert Smith Freehills LLP

Julian Copeman, Anna Pertoldi and Maura McIntosh review a significant Court of Appeal judgment...

Walker Morris LLP

Nick Lees explains key cases on exclusion clauses and offers some practical advice...

Penningtons Manches LLP

Clare Arthurs and Nicole Finlayson report on the disclosure pilot scheme...

Parents and carers at work: New EU and UK proposals on work-life balance

Norton Rose Fulbright

Amanda Sanders examines a draft directive and various UK proposals aimed at encouraging men and women to share parenting and other caring responsibilities more equally...

Addleshaw Goddard LLP

Ben Dawson looks at the key things to be aware of when drafting settlements, including how to maintain confidentiality without breaching new guidance on non-disclosure agreements...

Trowers & Hamlins LLP

A five-month gap between contracts did not prevent there being a transfer of an undertaking, explain Nicola Ihnatowicz and Anna Scott...

Shoosmiths LLP

Antonia Blackwell considers some of the pitfalls facing employers seeking to justify their actions in the context of a claim for discrimination arising from a person’s disability...

Downs Solicitors

With recent decisions showing that employers, tribunals and even the Home Office are confused about right-to-work checks, Samar Shams sheds light on this tricky area...

Weightmans LLP

The EAT appears to have widened the range of situations in which employers might lose legal advice privilege, reports Ben Daniel...

Pinsent Masons

An EAT ruling has made it harder for employers to refuse to delay a disciplinary or grievance hearing because the employee’s chosen companion is unavailable, warns Rob Childe...

Hogan Lovells

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

Enforcement: Home and away

Slater and Gordon

Joanne Green examines the enforcement of maintenance orders within the EU and the potential impact of Brexit...

Osbornes

Anest Mathias summarises the Supreme Court’s approach to the voluntary accommodation of children and the withdrawal of parental consent...

Weightmans LLP

Tania Derrett-Smith looks at the impact of delay on financial remedy applications...

Farrer & Co

Kelly Merris and Charlie Fikry provide an analysis of a case involving legal professional privilege where fraud was alleged and assess the wider implications...

Vardags

Catherine Doherty asks whether case law has effectively restricted stellar performance arguments to financial contributions only...

Hall Brown

Abigail Lowther considers the circumstances in which a domicile of choice may be established, and the impact on jurisdictional issues...

Withers LLP

Suzanne Todd and Sarfraz Ali study the recent approach of the English and Italian judiciary to societal changes...

SA Law LLP

Marilyn Bell provides a recap on the duty of financial disclosure, and the remedies available to combat incomplete disclosure...

RTAs: There to be seen – or were they?

TRL

Victoria Eyers examines how to remove ambiguity from accounts of vision in vehicle incidents...

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

Contributory negligence; road traffic accidents; Part 20 contributions...

Nervous shock: Analysing duty of care

Rushmi Sethi

Rushmi Sethi considers the interrelationship between duty of care and secondary victims in nervous shock claims in clinical negligence cases...

Slater and Gordon

Kim Harrison reports on the remedies available for psychiatric harm caused to children by sexual texts...

QM Legal Costs

Paul Jones advises defendants to give careful consideration before blaming other parties as costs consequences can follow...

7 Bedford Row

With the new costs regimes significantly restricting recoverable costs, tactical offers have assumed greater importance. Julian Matthews looks at two recent cases which demonstrate the effectiveness of such offers...

Anthony Collins

Ann Houghton and Karl Hirst take the back-to-basics approach when considering liability and the effect of the ‘just and equitable’ principle...

Exchange Chambers

Bill Braithwaite QC outlines the current issues in following Roberts v Johnstone for accommodation 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...

Construction focus

John Starr

John Starr examines two recent cases concerning when limitation periods begin and when a company in liquidation can refer a payment dispute to adjudication...

Burges Salmon LLP

The European court has confirmed that mitigation measures cannot be taken into account when screening a project under the Habitats Regulations. Elizabeth Dunn and Lucy Metcalfe discuss the recent rulings over when to carry out an assessment...

DWF

Thomas Armstrong and Sarah Magee outline the problems posed by the registration gap, as well as some practical ways to alleviate them...

Wilberforce Chambers

Emer Murphy reviews a case involving a property joint venture agreement with a warning on the court’s stance on a failure to prepare in advance of a trial...

Burges Salmon LLP

Marcus Harling and Philip Kershaw consider how project bank accounts can be utilised to mitigate insolvency risks, harmonise relationships within the supply chain and deliver projects more efficiently...

Forsters LLP

Jade Capper explores the rise and rise of the serviced office market...

DWF

Susi Förschler outlines some of the benefits that a distributed system such as blockchain can bring to transactions...

John Starr

How effective are standard building contract amendments? John Starr examines two cases with different outcomes...

Proprietary estoppel: A principled approach to the facts

Radcliffe Chambers

Gordon Nurse examines a case that indicates how proprietary estoppel cases are currently treated at trial...

Field Court Tax Chambers

The bar for a holiday lettings business to qualify for BPR is set increasingly high. Katherine Bullock outlines how to best advise clients...

Pump Court Chambers (Chambers of Oba Nsugbe QC)

Disposal of a corpse: who has the right to decide after death? Amy Berry explains...

Royds Withy King

Mike Muston reviews a case which indicates that the courts will take a ‘common sense’ approach to construction and rectification...

Howell Jones

Juliet Petchey considers practical points arising from a case contemporary with Ilott that was also based on the Inheritance (Provision for Family and Dependants) Act 1975...

Serle Court

The Privy Council has clarified the operation of the rule in Hastings-Bass and how the beneficial ownership of gratuitously transferred assets should be determined. Alan Boyle QC, Richard Wilson QC and Zahler Bryan discuss...