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The Commercial Litigation Journal

Drafting: Choosing your friends, and relations

Clarke Willmott LLP

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

Walker Morris LLP

Gwendoline Davies explains the importance of categorising contractual terms...

Charles Russell Speechlys LLP

Georgia Fullarton and Simon Heatley measure the extension of time by the judiciary...

Eversheds Sutherland

Alison Oldfield considers the lessons to be learned from the Canada Goose decision...

Mathys & Squire

Ilya Kazi and Alex Robinson look at a recent Supreme Court decision with potential impact for business...

Herbert Smith Freehills LLP

Tamsin Baird analyses a judgment illustrating the dangers of oral agreements...

Littleton Chambers

Alexander Halban reports on clarification by the Court of Appeal of the test for service out of the jurisdiction...

Penningtons Manches Cooper LLP

Clare Arthurs and Nicole Finlayson stand on the touchline to witness privilege bouncing back...

Staff procedures: Create or update a drugs, alcohol and smoking policy

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...

DPH Legal

Mark Lafferty examines the feasibility of implementing the Labour Party’s pledge to introduce a new law to tackle class inequality...

Mishcon de Reya

Åsa Waring explores the legal and business case for supporting workers who are going through the menopause...

Katten Muchin Rosenman UK LLP

The European Court of Human Rights has set out how to assess whether a covert investigation into suspected misconduct is proportionate. Christopher Hitchins and Emma Phillpot report...

Doyle Clayton Solicitors

Verity Saxon sets out the changes to employment law that she expects will come into force next year...

Fieldfisher

Richard Kenyon summarises the promises that the main political parties have been making on workers’ rights...

Hogan Lovells

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

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...

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...