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The Commercial Litigation Journal

Adjudication: Back to the drawing board

Shoosmiths LLP

Andrew Archer examines a recent application of the adjudication slip rule...

Shoosmiths LLP

Michael Bennett discusses discontinuance...

Walker Morris LLP

Gwendoline Davies and Claire Acklam ask whether a recent Supreme Court decision places a new ‘spin’ on rules for formation of contracts and implying terms...

Lewis Silkin

Andrew Wanambwa assesses guidance on jurisdiction from the Court of Appeal...

Hardwicke Chambers

James Shaw looks at some pleading lessons to be drawn from recent case law...

Charles Russell Speechlys LLP

Stewart Hey, Simon Heatley and Iona Macmillan Douglas brush the dust off without prejudice privilege...

Penningtons Manches LLP

Nicole Finlayson and Clare Arthurs consider the de-throning of a judgment on loss of a chance...

Shoosmiths LLP

Michael Bennett considers extensions of time in arbitration proceedings...

Staff procedures: Create or update a sickness absence policy

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...

Charles Russell Speechlys LLP

Flexible working can make it difficult to check whether staff are taking adequate rest breaks but it is important to get this right to avoid legal liabilities, warns Syma Spanjers...

Katten Muchin Rosenman UK LLP

Christopher Hitchins and Brigitte Weaver give advice on common issues faced by employers and their advisers when considering making redundancies...

Irwin Mitchell LLP

Following a tribunal’s decision that Cheshire Police discriminated against a straight, white, male job applicant, Glenn Hayes explores how to stay on the right side of equality law when tackling workplace under-representation...

Fieldfisher

Two decades on from the launch issue of Employment Law Journal, Richard Kenyon looks back at legal developments over the intervening years...

Employment Lawyers Association

The end of ECJ oversight and potential deregulation could mean weaker rights for UK workers post-Brexit, explain Shubha Banerjee and Louise Taft...

Hogan Lovells

Jo Broadbent rounds up the latest case law and developments affecting employers and their advisers...

Katten Muchin Rosenman UK LLP

Christopher Hitchins and Sara Thomas Arano explore the employment law issues that arise when the administrators are called in to try and rescue a business...

Committal: A last resort

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...

University of Greenwich

Mark Pawlowski examines the court’s discretionary power to order a sale of the family home at the suit of a secured creditor...

Weightmans LLP

Lottie Tyler discusses how the courts balance competing rights in relation to transparency in the family courts...

Irwin Mitchell LLP

In the conclusion to a two-part analysis, Bronwyn Bailey and Ethan Axelrod consider when the courts may give judicious encouragement to trustees to satisfy an order made against a party...

Rayden Solicitors

Rupi Rai reviews the courts’ treatment of debts in financial proceedings, particularly in cases involving family loans...

Hunters

Henry Hood provides insight on the approach to private limited company assets, including valuation and methods of division...

Hall Brown

Judith Klyne highlights the significance of legal advice on the terms of a marital agreement, and whether the lack of such advice will be fatal to its validity...

Case report: R & S Pilling (t/a Phoenix Engineering) v UK Insurance Ltd [2019] UKSC 16

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

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

Exchange Chambers

Pankaj Madan reviews the court’s approach to liability in cases involving collisions between pedestrians and vehicles...

Outer Temple Chambers

Jonathan Hand QC provides advice on the difficult issue of how to apply the provisions under the Animals Act...

QM Legal Costs

Paul Jones explores when the court will depart from an approved costs budget...

Nestor Partnership

Nicholas Martin considers the recent developments on the personal injury discount rate, and the Lord Chancellor’s conundrum when setting the new rate under the Civil Liability Act 2018...

Zenith Chambers

Bronia Hartley reports on the latest case involving allegations of fundamental dishonesty...

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

Implied sanctions; relief from sanctions; medical reports; schedules of loss...

QM Legal Costs

Paul Jones highlights that there are still areas of dispute with fixed costs...

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...

Domicile: A long-running domestic saga

Charles Russell Speechlys LLP

HMRC enquiries and assessments into domicile can be costly and time-consuming for the taxpayer. Dominic Lawrance and Hugh Gunson report on how to deal with them...

Lee Bolton Monier-Williams

Michael Fletcher, David Whittington and Clifford Woodroffe outline the implications of the reverter for charity trustees...

Serle Court

Jamie Randall examines a case of an aristocratic family estrangement and an adult claim under the 1975 Act...

IBB Solicitors

Jelena Serbic and Paul Ridout review the results of the Charity Commission’s inquiry into the Cup Trust...

Radcliffe Chambers

Robert Pearce QC discusses how the courts treat privacy in trust litigation in our information age...

PWT Advice LLP

Sheila Rusike and Jo Summers provide an update on accessing a deceased’s digital assets...

Musings from Manchester: Burst the compliance bubble

Old Trafford Consulting Ltd

Geoffrey Shindler has some questions of his own for the compliance professionals...

VWV

Fiona Lawrence and Julia Hardy explore what it will take for a court to allow a very late amendment to a will challenge claim...

Griffin v Higgs