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The Commercial Litigation Journal

Arbitration: The art of adjudication

Penningtons Manches LLP

Rustam Dubash, Clare Arthurs and Harriet Champkin present an overview of crucial arbitration case law...

Stewarts Law LLP

Laura Jenkins and Mike McCabe question why assessors and judicial assistants are not more widely used in commercial litigation...

Mayer Brown International LLP

Susan Rosser and Catherina Yurchyshyn assess a recent decision on conspiracy to breach a court order...

Landmark Chambers

James Neill and Chris Hoyle provide a commercial litigator’s guide to the suspension of the award of a public contract...

Allen & Overy

Richard Farnhill resumes his assessment of the current law of privilege...

Penningtons Manches LLP

Clare Arthurs and Nicole Finlayson take a look at limitation of liability...

SimplyPSL

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

Walker Morris LLP

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

Working time: Overtime – holiday pay and other pitfalls for unwary employers

VWV

Mark Stevens examines the latest decision on whether to include overtime in holiday pay calculations and provides some tips to manage other tricky issues created when staff work extra hours...

Charles Russell Speechlys LLP

Figures were published this summer to mark the halfway point of a government-backed initiative to increase the proportion of women on FTSE 350 boards to a third by the end of 2020. Emma Bartlett looks at the findings...

Hill Dickinson LLP

Suzanne Nulty outlines recent Court of Appeal guidance on affirmation of contract in cumulative breach (or ‘final straw’) constructive dismissal cases...

Fox Williams LLP

Joanna Chatterton and Ed Livingstone consider the difficult balancing act which employers face between giving employees the right to express their individuality and ensuring their appearance is in keeping with the nature of the business...

Trowers & Hamlins LLP

While the Mencap decision is good news for the cash-strapped care sector, it raises a number of difficult questions about what to do next, explain Emma Burrows and Anna Scott...

Weightmans LLP

Two recent rulings have confirmed that a pattern of wrongdoing can amount to gross misconduct and have provided guidance on when any subsequent dismissal can be construed as fair, report Rebecca Driffield and Louise Singh...

Bryan Cave Leighton Paisner LLP

Rosie Kynman rounds up the latest case law and developments affecting employers and their advisers...

Bryan Cave Leighton Paisner LLP

Bradley Houlston, Polly James and Rebecca Harding-Hill look at how financial services firms can manage the employment law risks that arise from investigations into potential regulatory breaches...

Disclosure: No place to hide

SA Law LLP

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

Setfords Solicitors

Chrissie Cuming Walters highlights the dichotomy of modern family law on financial provision: autonomy versus paternalism...

Rayden Solicitors

Kayleigh Biswas asks whether orders restricting further applications in children proceedings are an underused mechanism, or a heavy-handed approach to conclude litigation...

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

Charles Eastwood discusses when it may be fair for a party to use capital awarded following the application of the sharing principle to generate income...

Hall Brown

Melanie Kalina considers the potential impact of covert recording in the context of children proceedings, and the courts’ approach to such evidence...

Charles Russell Speechlys LLP

Joshua Green looks at the relevance and consideration of domestic abuse and harm in international relocation cases...

Vardags

John Oxley examines the wider implications of the Supreme Court decision in Owens v Owens...

Ketley Miller Joels

Che Meakins looks at the issue of needs in financial proceedings, and the guidance available to assist parties, practitioners and the courts...

Case report: Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307

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

Limits of the duty of informed consent; breach of duty; causation...

Bevan Brittan LLP

James Manning summarises the key findings in Tuson v Murphy and highlights the alternative tactics the defendant could have adopted in the case...

Post-traumatic stress disorder: Diagnostic and liability issues

Rushmi Sethi

Rushmi Sethi analyses military personal injury claims concerning post-traumatic stress disorder...

QM Legal Costs

Paul Jones explains the costs consequences when claims involve both personal injury and non-personal-injury elements...

9 Gough Square (Chambers of Andrew Ritchie QC)

Johnathan Payne discusses how the way you pursue or defend a claim can impact on costs...

Carpenters Law

Donna Scully considers the possible consequences of the Ministry of Justice’s fundamental change to how low-value road traffic accident claims are handled...

Hailsham Chambers

Andrew Post QC and Imran Benson look at how there is no presumption in favour of indemnity costs on late acceptance of a Part 36 offer...

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

Philip M D Grundy, Nick Martin, Edward J P Grundy and Matthew Smith explain why Roberts v Johnstone is no longer applicable...

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...

Blockchain in real estate: Building economies of scale

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...

Dentons

Lucy McDonnell analyses the impact of land and buildings being listed as ACVs on development schemes, as illustrated by three recent cases...

Burges Salmon LLP

Following the collapse of Carillion the vulnerability of some Tier 1 contractors and the choice of procurement structure has been put under the spotlight. Marcus Harling and Oliver Lowson consider some available procurement options...

RPC

Adam Craggs reports on a sub-sale case in which the Supreme Court allowed HMRC’s appeal...

DWF

Alexandra Herbert reviews the case of The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd [2018]...

Burges Salmon LLP

Overseas entities must register beneficial ownership in order to own or sell UK real estate, according to a new draft Bill published by the Department of Business, Energy and Industrial Strategy, as Richard Clark finds out...

Walker Morris LLP

Rob Aberdein reports on some cases which show the need for care in the drafting of pre-emptive provisions, in particular with regard to timescales...

Trusts: A perilous enterprise

Maitland Chambers

Paul Clarke explores the challenges of establishing that trust obligations have arisen after the failure of a joint venture...

Irwin Mitchell LLP

Dreamvar has implications not only for conveyancers but for breach of trust claims against professional trustees. Claire-Marie Cornford and Sarah Smith explain...

Testamentary undue influence: Hope over experience

John Poyser

John Poyser pinpoints the warning signs for testamentary undue influence, with lessons from a recent Canadian case...

Blake Morgan

Alison Craggs sets out important points to consider when advising a transgender client...

Farrer & Co

A recent case illuminates when a trustee can enter into a commercial transaction and the scope of s57 of the Trustee Act 1925. Adam Carvalho and Joseph de Lacey highlight the key points...