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The Commercial Litigation Journal

Arbitration: Unappealing decisions

Shoosmiths LLP

Michael Bennett blows the dust off arbitral appeals on a point of law...

Walker Morris LLP

David Cook seeks certainty from the Supreme Court...

Edmonds Marshall McMahon

Ekaterina Pakerova peers down the rabbit hole to consider ownership and control in freezing injunctions...

Sultan Al-Abdulla & Partners

Thomas Williams, Anna Booth and Michael Lee report on a ground-breaking case where an English judgment was used to enforce a debt in India...

Stewarts Law LLP

Richard Swan looks at the implications of a recent Supreme Court judgment...

Shoosmiths LLP

Andrew Archer counts every second of a recent decision on limitation...

Implied terms: Grief in Greendale

Severn Trent Water Ltd

Kate Raybould highlights the woes of the Post Office...

Penningtons Manches LLP

Clare Arthurs and Nicole Finlayson advise dedicated followers of fashion...

Staff procedures: Create or update a special leave policy

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...

Norton Rose Fulbright

With whistleblower protection being strengthened in the EU and beyond, Amanda Sanders looks at the key requirements that international employers need to meet in different jurisdictions...

Linklaters LLP

Ahead of the reform of IR35, two recent decisions have highlighted problems with HMRC’s online tool for determining whether someone should be taxed as a worker or employee. Louise Mason reports...

Dechert LLP

Charles Wynn-Evans outlines some recent cases about the employment tribunal’s jurisdiction to hear claims brought by those working overseas...

Doyle Clayton Solicitors

Declan Bradley explains how to reduce the legal and financial risks of using agency workers in light of the abolition of the Swedish derogation and a recent ruling on a hirer’s liabilities to underpaid agency staff...

Addleshaw Goddard LLP

Claire Osborne and Helen Almond consider whether a recent decision could open the floodgates to discrimination claims based on a worker’s political beliefs...

Shoosmiths LLP

Gwynneth Tan and Antonia Blackwell round up the latest case law and developments affecting employers and their advisers...

Pinsent Masons

Richard Allen continues our series with advice on what to include in a policy to manage short- and long-term sickness absence and pitfalls to avoid when putting the policy into effect...

Overseas divorce: The first hurdle

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...

Rayden Solicitors

Rachel Nicholl reviews the approach of the family courts in cases where a party suffers from ill health or a life-limiting illness...

Kingsley Napley LLP

Sital Fontenelle and Elizabeth Burch consider the different approaches to spousal maintenance and whether a formula for maintenance would provide clarity...

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

Penelope Stanistreet-Keen comments on the implications for children proceedings in the wake of Brexit, and the potential impact of plans to replace the use of EU Regulations with Hague Conventions in such cases...

Stevens & Bolton LLP

Sean Hilton highlights the importance of identifying trust issues at the outset of a case and ascertaining the willingness of trustees to make distributions from such assets...

Slater Heelis

Patricia Robinson and David Wilkinson discuss an appeal against an order for indirect contact where the judge’s approach to evaluation was found wanting...

McAlister Family Law

Chris Fairhurst looks at contempt in child abduction proceedings and when the court may impose a custodial sentence...

Blake Morgan

Eve Piffaretti and Alison Craggs set out the ways in which an LGBT+ person may become a parent, and the legal obstacles they may face in doing so...

Case report: Zeromska-Smith v United Lincolnshire Hospitals NHS Trust [2019] EWHC 552 (QB)

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...

9 Gough Square (Chambers of Andrew Ritchie QC)

Ben Rodgers sets out the evidential basis of medical records at trial...

QM Legal Costs

Paul Jones outlines when a claim can escape the fixed costs regime...

Pump Court Chambers (Chambers of Oba Nsugbe QC)

Antonia Ford considers when an illegal act will provide a defence of illegality...

Temple Garden Chambers

Has judicial benevolence been eradicated? Anthony Johnson explores the effect of two recent fraud judgments...

St John's Chambers (Chambers of Susan Hunter)

Christopher Sharp QC highlights the need for experts to be fully instructed...

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

Motor insurance; property damage; Road Traffic Act 1988; Motor Insurance Directives...

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: Adjudication – after-the-event fraud

John Starr

Can fraud that is discovered after adjudication invalidate a decision? John Starr investigates...

Dentons

Georgina Reeves examines the main objectives of a recently published review of planning appeal inquiries and how the key recommendations set out in the report seek to achieve those objectives...

CMS

Danielle Drummond-Brassington, Martin Garner, Rob Wood and Ellie Black review the first group of cases on the new Electronic Communications Code...

Gowling WLG

Annabel Heath outlines the different means available for eviction of squatters in light of a recent ruling...

Clifford Chance LLP

Alis Pay and Angela Shepherd explore what the impact would be of rent controls in London on the residential investment market, including the nascent build-to-rent sector...

ALEP

The Upper Tribunal has handed tenants an important victory concerning ‘common parts’ including roof spaces and airspace leases in leasehold enfranchisement, as Mark Chick finds out...

Browne Jacobson LLP

David Harris considers the outcome of a case involving a mutual enforcement covenant and its implications...

John Starr

John Starr reviews the first case to consider the slip rule introduced by the Housing Grants, Construction and Regeneration Act 2011...

Undue influence: Behind the social façade of dementia

New Square Chambers

James McKean examines a recent addition to the growing body of case law on undue influence and the elderly testator...

FDR Law

Stephen Lawson evaluates the case for formal supported will-making...

Baker & Partners

The Jersey Royal Court’s recent refusal to ‘bless’ actions by the trustee shows that court approval cannot be taken for granted. James Sheedy sets out key points to consider...

Forsters LLP

Emma Cooper explores how to set up dividend policies for companies wholly owned by trustees of a life interest trust...

Anthony Gold

How can an estate be admitted to probate when there is a caveat in place? Clare Kelly discusses an unusual case which has lessons for the drafting of LPAs...

Brabners LLP

Duncan Bailey explains why and how the EU’s 5th Anti-Money Laundering Directive affects private client practitioners...