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The Commercial Litigation Journal

Part 36: You’re free to go

Clyde & Co LLP

Chris Murray sets out another twist to Part 36...

Hill Dickinson LLP

Laura Scott highlights a robust intervention by the Court of Appeal...

Walker Morris LLP

Gwendoline Davies explains ‘reasonable endeavours’ obligations and analyses whether these always comprise a sensible contractual solution...

Herbert Smith Freehills LLP

Maura McIntosh reports on some recent developments on contract and privilege...

HFW

Rick Brown and Victoria Tait review interesting developments in freezing injunctions...

Latham & Watkins

Eleanor Scogings assesses the relationship between mediation and litigation...

Hardwicke Chambers

Jack Dillon weighs up the worth of witness evidence...

Charles Russell Speechlys LLP

Caroline Greenwell and Simon Heatley consider recent case law on tackling court bundles...

Staff procedures: Create or update a social media and internet policy

Stephenson Harwood

Anne Pritam, Imogen Heywood and Kate Higgins look at how employers can protect their business by implementing a robust and effective social media and internet policy...

Dechert LLP

Three recent decisions have shown the difficulties that parties to tribunal proceedings face if they want to avoid being publicly identified. Jennifer McGrandle and Jennifer Hill report...

Lewis Silkin

Naomi Hanrahan-Soar discusses what we can learn from the Australian points-based system as the UK begins to rewrite its immigration rules for a post-Brexit era...

VWV

Simon Bevan analyses the impact of a ruling that holiday should not be pro-rated for staff who only work for part of the year...

Doyle Clayton Solicitors

Declan Bradley investigates the government’s proposals for ending ‘one-sided flexibility’ and considers what employers can do to prepare...

Hogan Lovells

Jo Broadbent considers UK and European developments extending rights for expectant mothers and new parents and a consultation paper that could pave the way for a radically different approach to family leave entitlements...

Pinsent Masons

Susannah Donaldson and Ellie Okereke round up the latest case law and developments affecting employers and their advisers...

Charles Russell Speechlys LLP

Kirsti Laird and Josie MacLeod explain what your policy should contain to minimise the risk of staff breaching data subjects’ rights...

International surrogacy: Approach with caution

A City Law Firm

Karen Holden discusses issues that may arise in international surrogacy and how preparation is key when advising on such arrangements...

Hall Brown

Sarah Hewitt looks at the distinctions between special guardianship and child arrangements orders and the courts’ approach as to which type of order is appropriate...

Rayden Solicitors

Shazia Khan reviews a big-money case involving a complex trust structure and a party who lacked litigation capacity...

Sinclair Gibson

Beth Mason sets out the position in law of step-parents and the remedies available to preserve their relationship with a step-child...

Slater Heelis

David Wilkinson considers when an order for costs may be justified in private law children cases and the issue of assessment on a standard or indemnity basis...

Charles Russell Speechlys LLP

Joshua Green and Kelly Gerrard examine the prohibition on an FDR judge dealing with later stages of financial proceedings and whether there should be a more flexible approach...

JMW

Abigail Bennett analyses the court’s approach to a case involving assets in multiple jurisdictions and a defendant with no apparent place of domicile...

Rayden Solicitors

After balancing the pros and cons, Julian Bremner makes a case for the return of modified Calderbank offers...

Case report: Akita v Governor and Company of the Bank of Ireland [2019] EWHC 1712 (QB)

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

Trial attendance; struck out claims...

Browne Jacobson LLP

With the number of litigants representing themselves in court on the increase, Emma Marshall provides some timely advice about case preparation...

Exchange Chambers

Matthew Stockwell explores collaborative working in larger clinical negligence cases...

QM Legal Costs

Paul Jones considers the latest case concerning costs budgeting in multi-track claims...

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

James Beeton examines case law on joining a foreign insured to a direct claim against the insurer...

Hardwicke Chambers

Jasmine Murphy analyses how to defend applications for interim payments...

1 Crown Office Row

Rajkiran Barhey reports that in some circumstances the door may be open to claims by children against local authorities if they fail to protect them from third parties...

Exchange Chambers

Pankaj Madan examines the importance and types of rehabilitation available after brain injuries...

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...

Legislation, consultation and guidance: Where are we now?

Browne Jacobson LLP

David Harris provides a round-up on government response to recent draft reports and consultations as well as other legislative updates...

Fieldfisher

Jayne Elkins reviews a book on positive covenants with continuing relevance to property practitioners...

John Starr

Ignorance is no defence when seeking to overturn an adjudicator’s award, as John Starr finds out...

Dentons

Creating communities requires more than just bricks and mortar, as Michele Vas explains...

Gateley Legal

Gavin Winter considers the options for private landowners whose property is affected by the growth of Japanese knotweed on neighbouring land...

Gowling WLG

Clive Chalkley and Senay Nihat discuss the decision in Debenhams in the context of surrounding case law...

Cripps Pemberton Greenish

Victoria Redman and Elizabeth Middleton analyse the potential implications of the reverse charge on VAT, which has now been postponed to 2020...

Forsters LLP

Elizabeth Small examines a decision with potential implications for any transactions involving connected or interdependent steps where full SDLT has not been paid...