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The Commercial Litigation Journal

Shareholder disputes: Getting your hands dirty

Clarke Willmott LLP

Peter Brewer considers the consequences of misconduct...

Beale & Co

Giles Tagg and Zak Mehmood report on a recent costs judgment...

Quadrant Chambers

Jeremy Richmond and Christopher Recker boldly explore the status of cryptoassets and smart contracts...

Walker Morris LLP

Lynsey Oakdene and Claire Acklam review recent case law on restitution...

Charles Russell Speechlys LLP

Hannah Kent discusses defamation claims...

Burges Salmon LLP

David Hall, Tom Whittaker and Harry Jewson condense the lessons to be learned five years post-Braganza...

Penningtons Manches Cooper LLP

Clare Arthurs and Nicole Finlayson peer into their contractual crystal ball...

Clarke Willmott LLP

John Flint places a recent decision on relational contracts in context...

Discrimination: Quantifying injury to feelings awards – lessons from case law

Katten Muchin Rosenman UK LLP

Christopher Hitchins and Emma Phillpot consider what recent awards can tell us about the level of compensation an employer will be liable to pay for injured feelings in discrimination cases...

Weightmans LLP

As Valentine’s Day approaches, Michael Ryley continues our series with a look at whether employers should draw up a relationships policy and what form this might take...

Keystone Law

Michelle Last advises on employers’ obligations when an employee is undergoing fertility treatment...

Dechert LLP

Charles Wynn-Evans looks at guidance recently issued by the Equality and Human Rights Commission (EHRC) on the use of confidentiality agreements...

Trowers & Hamlins LLP

Two rulings have reconsidered whether the tribunals should only examine the mental processes of the person who took a disciplinary decision when deciding whether a dismissal was fair. Emma Burrows and Anna Scott report...

Irwin Mitchell LLP

Shah Qureshi reviews the recent employment tribunal decision that ethical vegans are entitled to protection from discrimination and harassment under the Equality Act 2010...

Shoosmiths LLP

Antonia Blackwell and Helen Burgess round up the latest case law and developments affecting employers and their advisers...

Charles Russell Speechlys LLP

Briony Richards continues our series with a look at the issues to consider when drafting a policy to manage drug and alcohol misuse, smoking and vaping at work...

Nullity: Clear intentions

Boodle Hatfield LLP

Katie Male considers the implications of the status of a marriage as to the financial remedies available and the circumstances in which the court may show flexibility...

Kingsley Napley LLP

Sarah Dodds discusses whether financial orders after an overseas divorce are now more restricted, or simply continue to be a remedy only available in limited circumstances...

Vardags

Antonia Barker and Kate Williams outline the differences between the impact of remarriage when compared with cohabitation on periodical payments orders and remedies available to recoup an overpayment of maintenance...

Gall

Caroline McNally and Catherine Tso set out key considerations in private children law proceedings in Hong Kong...

Withers LLP

Suzanne Todd examines family law developments during the millennium so far and what the future holds...

Vardags

Kate Taylor argues that the narrow requirements for a marriage to be recognised as valid are a cause for concern...

Blake Morgan

James Davies looks at the implications of reciprocity in cross-jurisdictional cases and the need to consider the longer-term impact of an application...

Clarke Willmott LLP

Chris Longbottom provides a recap of key considerations on an application to relocate a child to another jurisdiction, whether on a temporary or permanent basis...

Case report: Ho v Adelekun [2019] EWCA Civ 1988

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

Contracting out of fixed costs; Part 36 offers; RTA Protocol...

7 Bedford Row

Julian Matthews looks at the rules limiting recovery of damages in such cases, and practical issues relating to the quantification and management where a claim can be made...

QM Legal Costs

Paul Jones highlights the importance of compliance with the precise wording of Part 36 for an offer to be valid...

Anthony Collins

Ann Houghton and Richard Baker outline the complexities involved in pursuing a claim for an involuntary participant...

2 Temple Gardens

John McDonald explores the interesting area of insurance policy exclusions and who ultimately ends up footing the bill...

Temple Garden Chambers

Long-running litigation can cause cash-flow issues for firms. Harriet Wakeman examines when an application for an interim payment on account of costs will be successful...

Civitas Chambers

Applications for extensions of time for service of a claim form are risky and should be avoided. Ian Meikle reports on the latest Court of Appeal guidance...

3PB Barristers

Grace Nicholls considers the implications of a recent case that concerned the recording of medical examinations by the claimant...

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: A year in construction cases

John Starr

In the first of two articles John Starr highlights five recent decisions of importance reached in the TCC...

Cripps Pemberton Greenish

Ajoy Bose-Mallick considers trends in real estate finance as alternative lenders make up an increasing share of the market...

Brabners LLP

Sophie Stewart, Felicity Wimbush and Alexandra Jones outline the 2019 Community Infrastructure Levy Regulations and what this means in practice for developers, particularly in relation to section 73 applications...

Forsters LLP

The Law Commission has published its report on valuation in enfranchisement. James Carpenter examines its impact...

Dentons

Ralph Kellas summarises a recent Supreme Court case concerning an onshore community wind turbine and considers the state of the law in light of it...

Charles Russell Speechlys LLP

Joe Edwards and Will Leney report on a case relating to mortgage enforceability and secret commissions...

Hogan Lovells

Kathryn Hampton reviews ten expected planning changes due to take place this year...

John Starr

John Starr reports on two recent cases requiring a closer analysis of the payment provisions of the 1996 Act...

Tax: HMRC – a retrospective

Charles King-Farlow

The rules on estate duty for works of art have changed, to the detriment of the owner. Charles King-Farlow argues for redress...

PWT Advice LLP

Jo Summers reviews the latest edition of James Kessler QC and Charlotte John’s Drafting Trusts and Will Trusts...

9 Park Place Chambers

Gareth Thomas considers the refusal of Beddoe relief in a case with circumstances that will be familiar to practitioners...

Barlow Robbins LLP

Who died first? Scott Taylor and Hayley Robinson discuss a case which explores the modern approach to an age-old problem...

5 Stone Buildings

Mark Baxter sets out the current thinking on proving the existence of lost wills...

Ogier Legal

Jennifer Fox updates the position on anti-Bartlett clauses...

Bryan Cave Leighton Paisner LLP

The government has provided some clarity on the scope of the UK trusts register. Alison Cartin examines the implications of the recently published technical consultation...

Musings from Manchester: Does reform equal improvement?

Old Trafford Consulting Ltd

Geoffrey Shindler attempts to make sense of recent and proposed changes to the probate process...

Smith & Anor v Crawshay