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The Commercial Litigation Journal

Costs: The will to win

SimplyPSL

Sapna Garg reports on recent judicial views of success fees...

Walker Morris LLP

Rob Aberdein looks at the judicial implication of contract terms...

Vicarious liability: Unexpected items

Severn Trent Water Ltd

Kate Raybould reviews data protection and employer liability for employees’ actions...

Mayer Brown International LLP

Raid Abu-Manneh, Ali Auda and Jonathan Clarke discuss a hot topic at the Paris Arbitration Week...

Allen & Overy

In the first of a three-part consideration of the need for reform of privilege, Richard Farnhill outlines the background to privilege and attribution...

Herbert Smith Freehills LLP

Gareth Keillor and Rosanna Pinker explore a recent judgment on undertakings with regard to freezing orders...

RPC

Elizabeth Wiggin and Chris Ross analyse a Supreme Court decision on limitation periods for breach of trust...

Penningtons Manches LLP

Clare Arthurs and Nicole Finlayson consider Wrotham Park damages and how the range of circumstances in which they can be claimed has narrowed...

Awards for damages: One Step could not side-step usual contract breach principles

Charles Russell Speechlys LLP

Wrotham Park damages are unavailable in most employment cases even if it is difficult to quantify the losses from an employee’s contractual breach, write Emma Bartlett and Emma Humphreys...

Lewis Silkin

Kirstie Allison offers a personal perspective on working in house and some suggestions on how to perform the role effectively...

Mishcon de Reya

With the government and businesses under pressure to do more to combat modern slavery, Will Winch, Nina O’Sullivan and Dana Kamranova look at how employers can take effective action to stamp out labour exploitation...

Hine Legal

Fudia Smartt and Daniel Stander give advice on how to write a reference in light of a recent High Court ruling on employers’ duty to be fair and not to mislead...

Trowers & Hamlins LLP

Rebecca McGuirk and Anna Scott consider the second ruling in less than a month on whether enhancing maternity pay but not shared parental leave (SPL) pay constitutes sex discrimination against men...

Weightmans LLP

A recent case has highlighted the significant financial consequences that can arise if it is not clear when an employee’s notice begins, report Phil Allen and Louise Singh...

Hogan Lovells

Jo Broadbent and Anvita Sharma round up recent case law and developments affecting employers and their advisers...

Norton Rose Fulbright

Following a panel discussion organised by his firm, Paul Griffin considers the legal challenges posed by AI, particularly in the recruitment process...

Private children: To the letter

Slater and Gordon

Katherine Muldoon summarises the requirements in children proceedings involving domestic abuse, and the practice to be adopted as to fact-finding and cross-examination...

University of Greenwich

Mark Pawlowski examines the continuing role of the resulting trust in the context of investment and family property...

Hall Brown

Abigail Lowther reviews a civil decision on a claim for costs by a firm against their former client, and the circumstances in which a default judgment may be set aside...

Rayden Solicitors

Lehna Gardiner outlines the statutory and procedural requirements on an application for an adoption order by a step-parent...

Boodle Hatfield LLP

James Ferguson and Katie Male look at the courts’ approach to the weight to be given to a pre-nuptial agreement freely entered into by the parties, and the need for overarching fairness...

OGR Stock Denton LLP

Graeme Fraser and David Foster highlight the impact of future rule changes on divorce settlements through a practical case study...

JMW

Elspeth Kinder and Clare Williams consider the approach to new evidence where there has been a finding of fact in financial remedy proceedings...

Laytons

Sophie Ducamp-Monod and Simrun Garcha examine forthcoming EU regulations changing the ways in which British spouses may deal with their property in France...

CPR Part 7: Breaking with protocol

3PB Barristers

Luke Ashby outlines when it is reasonable to leave the EL/PL Protocol...

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

Asymptomatic physiological changes; actionable injury; economic loss...

QM Legal Costs

Although the route may be different, the amount of costs awarded may be similar under the Protocol or the court’s general discretion under CPR 44.3, as Paul Jones explains...

1 Chancery Lane

In the first of a two-part analysis, Robert Hams, Lord Edward Faulks QC and Paul Stagg summarise the background to the Court of Appeal decision in CN v Poole Borough Council and the line of relevant authorities on negligence...

Osbornes

Andrew Middlehurst discusses how s57 of the Criminal Justice and Courts Act 2015 is being interpreted...

Zenith Chambers

Ruwena Khan analyses the effectiveness of government reform amid the growing number of complaints after cosmetic interventions...

Devereux Chambers

Marianne Tutin examines how claims for sexual harassment can be brought in the civil courts, particularly if limitation is an issue for employment tribunal proceedings...

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

Philip MD Grundy and Paul Stewart consider who are the potential defendants in an action for damages and preventative measures for the future...

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...

CPO and compensation: Important changes to the law

Burges Salmon LLP

Gary Soloman considers a number of provisions relevant to compulsory acquisition which came into force in September 2017 and April 2018, and which seek to address issues that were raised in government consultations...

John Starr

Two recent cases have examined the interaction between the timeframe for an adjudication and an adjudicator’s right to resign. John Starr reports...

Ashfords

Graham Cridland and Michelle Perring review a recent decision highlighting the courts’ unwillingness to imply new conditions into a planning permission...

B P Collins LLP

Alison Taylor examines recent changes in the law which all conveyancers should be aware of...

Walker Morris LLP

Zoe McLean-Wells explains two important recent cases which consider essential prerequisites for recovering possession of residential premises...

Dentons

What is a public right of way and what are the statutory powers that exist when a development will interfere with such a right of way? Georgina Reeves looks at a recent High Court case where a Grampian condition was imposed on development...

Burges Salmon LLP

Carillion laid bare the vulnerability of the sector and illusion of allocating all risk to a contractor. Procurement projects are changing, so how should the development sector adapt? Marcus Harling and Matthew Crossley investigate...

The 1990 Environmental Protection Act: Historical land contamination

Remada Ltd

Greg Jones and Andrew Wiseman discuss a case with lessons regarding the results of a standard environmental search...

Estate planning: The importance of autonomy

Boodle Hatfield LLP

James Ferguson, Katie Male and Mark Lindley discuss a recent case that demonstrates the growing role of pre-nuptial contracts in estate planning...

Withers LLP

Alessia Paoletto reports on two recent cases which put European succession requirements into context...

St John's Chambers (Chambers of Susan Hunter)

Joss Knight examines a claim for a common intention constructive trust where a cohabitee has passed away...

Appleby

The EU’s 5th Anti-Money Laundering Directive places further obligations on private client practitioners. David Dorgan explains...

University of Greenwich

Mark Pawlowski considers a recent decision on the enforceability of pre-nuptial agreements...

Ahern Lawyers

William Ahern urges practitioners to oppose the CRS Mandatory Disclosure Rules while there is still time...

Musings from Manchester: Plus ça change

Old Trafford Consulting Ltd

Certain new tax proposals hark back to 1970s ideology. Geoffrey Shindler separates the good from the bad...

Babbé

The Privy Council has given welcome guidance on the rights of trustees of Jersey and Guernsey law trusts. Nick Robison reports...