Homepage

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 whistleblowing policy

Squire Patton Boggs LLP

David Whincup and Clare McNicholas continue our series with a look at the key issues to consider when drafting a whistleblowing policy...

Fox Williams LLP

Joanna Chatterton and Ed Livingstone discuss the roll-out of the Senior Managers and Certification Regime (SMCR) to solo-regulated financial services firms and highlight the key changes it requires to policies and procedures...

Taylor Wessing LLP

Michael Chattle and Katie Lobley explore the issue of employees making secret recordings and provide advice on how to reduce the risks that this poses...

Spencer West

Recent case law has highlighted how difficult it is to pin down which beliefs deserve protection in today’s society, writes Fudia Smartt...

Herbert Smith Freehills LLP

Peter Frost considers how to manage waivers of privilege in light of a recent ruling that an employer could not pick and choose which parts of legal advice about a dismissal it could disclose...

Morgan Lewis

The Supreme Court has held that judges are entitled to statutory protections afforded to whistleblowers, report Louise Skinner and Keir Baker...

Bryan Cave Leighton Paisner LLP

Catherine Turner rounds up recent case law and developments affecting employers and their advisers...

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...

Private children: Protective barrier

Hall Brown

Melanie Kalina provides a summary of the key aspects of orders prohibiting further applications under the Children Act 1989 without permission...

Prettys

Georgie Hall compares the features of round table meetings with hybrid mediation and discusses the factors that may influence the choice of process...

Russell-Cooke LLP

Sarah Richardson, James Sandiford and Natasha Kirk examine the support available for vulnerable teenagers, whether they have been ‘looked after’ children or not...

Gall

Caroline McNally and Chantelle Woo outline the steps to register and enforce England and Wales maintenance orders in Hong Kong and recent changes in procedure...

Mills & Reeve

Rose-Marie Drury looks at the relocation of children in the context of Brexit and highlights issues to be aware of...

Rayden Solicitors

Nicola Meldrum and Helen Lafferty discuss the approach to quantifying assets in cases of non-disclosure and the courts’ powers in relation to the provision of a Get...

Russell-Cooke LLP

Camilla Thornton considers the approach to earning capacity and the application of the sharing principle post-Waggott...

A City Law Firm

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

Sepsis: A difficult diagnosis

Osbornes

Nicholas Leahy highlights how greater awareness of sepsis can lead to better outcomes...

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

Memory; documentary records; disputes of fact...

Exchange Chambers

Instructing the right team at the right time is crucial. Pankaj Madan provides invaluable guidance...

QM Legal Costs

Paul Jones considers the financial implications of the Court of Appeal’s decision in Aldred...

Exchange Chambers

Bill Braithwaite QC explores brain injury rehabilitation centred on outdoor activity...

Civitas Chambers

Ian Meikle reports on a Court of Appeal decision upholding that QOCS does not automatically apply to ‘mixed’ claims involving both a personal injury and non personal injury element...

7 Bedford Row

Julian Matthews reviews a much underused solution to complex causation issues...

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

Trial attendance; struck out 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 reports on two recent cases requiring a closer analysis of the payment provisions of the 1996 Act...

Del Canto Chambers

León Fernando Del Canto explains the tax risks that UK residents are facing in Spain, as the tax authorities investigate the legality of commonly used structures...

The Property Mediators

With mediation now being commonplace the courts are starting to look at issues other than whether parties are unreasonable in refusing to mediate. Jacqui Joyce and Iain Travers examine some recent cases...

Charles Russell Speechlys LLP

Richard Hosmer summarises the key cases of 2019 in the business rates sphere...

Gowling WLG

The Supreme Court has made the landmark move of extending the doctrine of relief from forfeiture to certain property licences. Annabel Heath and Clive Chalkley consider the case...

Forsters LLP

Natasha Rees reviews a Court of Appeal judgment providing further clarification on the definition of a ‘flat’...

Wilberforce Chambers

Tiffany Scott QC and Charlotte Black interpret the Supreme Court’s reversal of the unanimous Court of Appeal decision on the question of reasonableness in Sequent Nominees...

Browne Jacobson LLP

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

Trusts: The complete picture

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...

gunnercooke

A successful taxpayer appeal against HMRC has lessons on how the courts will interpret legislation on the transfer of assets abroad. Remi Aiyela explains...

2 King's Bench Walk

John Ward-Prowse reports on a case that provides useful points to cover when a new will cuts out family members...

Thomas More Chambers

Is it a gift or resulting trust? Stephanie Wookey discusses a case which elucidates what is required for a complete gift...

Withers LLP

Claire Blakemore and Jemma Thomas explore how the courts consider assets held in trust upon divorce...

Bennett Jones

Barbara Stratton QC, Sarah Huot and Hong Feng examine the impact of Canadian case Mawhinney v Scobie on no contest clauses in the UK...

Wright Hassall Solicitors

Laura Abbott provides an update from the Court of Appeal on whether parties in Inheritance Act 1975 cases can be compelled to undertake ADR...

Musings from Manchester: Taking it on trust?

Old Trafford Consulting Ltd

Geoffrey Shindler has some questions for prospective MPs on the 5th Anti-Money Laundering Directive...