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The Commercial Litigation Journal

Limitation: The need for speed

Watson, Farley & Williams

Andrew Ward, Pierre Welch and Leah Alpren-Waterman track time limits in rail franchise public procurement claims...

Walker Morris LLP

Michael Taylor, Gawain Moore, Duncan Lole and Gwendoline Davies weigh up a Court of Appeal decision on the adverse costs liability of litigation funders...

Peters & Peters LLP

Keith Oliver, Amy Harvey and Amalia Neenan assess the impact of regulation and civil remedies on crypto-criminality...

Hill Dickinson LLP

Robert Danvers reports on dispensing with service...

Charles Russell Speechlys LLP

Stewart Hey, Rhys Novak and Simon Heatley discover new depths in search orders...

39 Essex Chambers

David Sawtell discusses a free range in the choice of jurisdiction...

Penningtons Manches Cooper LLP

Clare Arthurs and Nicole Finlayson chart the course of legal advice privilege...

Clarke Willmott LLP

Peter Brewer considers the consequences of misconduct...

Covid-19: Key steps to ensure a safe return to work for shielding employees

Irwin Mitchell LLP

Following the Prime Minister’s announcement that shielding employees can return to work from 1 August, Joanne Moseley looks at how employers can start to get their most vulnerable staff members back to work while reducing the risk of legal claims...

Morgan Lewis

Lee Harding and William Mallin examine the extent of employees’ right to refuse to return to work because of the threat posed by the coronavirus...

Doyle Clayton Solicitors

Rose Smith looks at the new ‘commandments’ that employers must follow before making claims under the updated furlough scheme...

Irwin Mitchell LLP

Nabila Chikhi and Emilie Cole consider the risk of employment claims on health and safety grounds from employees who are reluctant to return to work due to Covid-19...

Herbert Smith Freehills LLP

David Palmer explores the issues for employers resulting from the Chancellor’s announcement that government support for furloughed employees will be gradually withdrawn. The announcement will affect one million employers and more than eight million jobs...

Bryan Cave Leighton Paisner LLP

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

Norton Rose Fulbright

Catrina Smith and Amanda Sanders look at how to get employees back to work safely and minimise the risk of employment tribunal claims from individuals who are reluctant to return...

Lewis Silkin

Joanna Hunt looks at the impact on employers of recent government changes to immigration policy in response to the UK lockdown and worldwide travel restrictions...

Non-disclosure: Double trouble

Farrer & Co

Frederick Tatham analyses the unusual circumstances that led to a final order being set aside twice on the basis of material non-disclosure...

Pensions: Lessons to be learnt

Lupton Fawcett

Andrew Smith highlights the first reported decision in which the Pension Advisory Group report has impacted on the approach of the court to pension assets...

University of Greenwich

Mark Pawlowski looks at how the courts calculate the parties’ beneficial shares when events post-acquisition give rise to a claim to an enlarged share in the jointly owned family home...

Rayden Solicitors

Nicola Meldrum considers the correct approach where the 1996 Hague Convention applies and the court of another state has already made orders...

4PB

Teertha Gupta QC theorises as to potential scenarios for international children law cases post-Brexit...

Vardags

Catherine Doherty examines the approach to stellar contributions and whether such arguments are now largely obsolete...

Rayden Solicitors

Nicola Caffery explains the basis on which the court in MM v NA was able to recognise a marriage which took place in a non-sovereign state...

Hall Brown

Ellen Walker discusses a case concerned with multiple income streams, the application of the sharing principle and the approach to top-up maintenance orders...

Costs: Recovering inquest costs in successful civil claims: is it possible?

Serjeant's Inn

Yes, but the relevance of the inquest is key, says Anthony Searle...

Civitas Chambers

Simon Hughes and Isabelle Knight examine the implications of the recent Court of Appeal decision in Cowley v LW Carlisle Ltd [2020]...

Hailsham Chambers

Expert witnesses; unfit to act; third party costs order...

Farrar's Building

Aidan O’Brien considers the ruling in Putta v Royal Sun Alliance [2020]...

Civitas Chambers

Ian Meikle considers the approach to causation in the clinical negligence case of Schembri v Marshall [2020]...

St John's Chambers (Chambers of Susan Hunter)

Matthew White looks at the risks for employers in light of the decision in Shelbourne v Cancer Research...

4 New Square Chambers

Stephen Innes discusses the possibility of obtaining some money in advance of final assessments...

2 Temple Gardens

Jessica Van der Meer, Isabel Barter and Luka Krsljanin provide an overview of how litigation is taking place in these unprecedented times...

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: Coronavirus – potential effect on construction

John Starr

John Starr scrutinises common standard form contracts and how they impact on the parties to a project in the context of the risks arising from COVID-19...

Brabners LLP

Paul Nicholls and Robert Nieri provide a practical guide for buyers in the context of the Charities Act 2011 requirements...

Walker Morris LLP

The recent Court of Appeal case of Pease v Carter will be welcomed by landlords. Karl Anders and Deborah Brown examine the judgment...

Dentons

Lucy McDonnell identifies the legal implications when a new residential development is built near an existing noise-generating site...

Charles Russell Speechlys LLP

Samuel Lear summarises three key Court of Appeal decisions from the last year clarifying the position on injunctive relief...

Cripps Pemberton Greenish

With COVID-19 likely to impact on every aspect of the UK economy over the next few weeks and months, Mike Scott considers the potential issues for commercial landlords and property investors...

Mark Shelton Training

Mark Shelton explains why forfeiture reform is well overdue in the context of the Law Commission’s proposals...

John Starr

In the second of two articles John Starr reports on some of the most important construction decisions reached over the last 18 months...

Trusts: When is a beneficiary not a beneficiary?

XXIV Old Buildings

Timothy Sherwin examines the importance of s53 of the Trust (Guernsey) Law and the rule in Saunders v Vautier...

Radcliffe Chambers

Elizabeth Ovey examines the position on the exercise of discretionary powers for an improper purpose...

BDB Pitmans

Elizabeth Neale urges practitioners to speak up for trusts...

Radcliffe Chambers

Kelly v Brennan [2020] provides welcome guidance on whether the court can rectify a foreign will and on time limits. Josh Lewison explains....

Tax: Using HMRC forms wisely

BWM Chartered Accountants

John Elliott gives the lowdown on some essential admin for trusts and estates...

Wilberforce Chambers

Emily Campbell examines how to calculate the odds of winning a case...

Wright Hassall Solicitors

Laura Abbott looks at the rise in DNA testing in will and trust disputes...

Radcliffe Chambers

Daniel Burton considers a recent case involving trusts of land, family fallouts and a special purchaser...