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The Commercial Litigation Journal

Arbitration: Take your time

Shoosmiths LLP

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

20 Essex Street

Stephen Atherton QC and Malcolm Jarvis review a decision on a novel point under the Lugano Convention...

RPC

Andy McGregor and Sarah Shaul outline a recent case on guarantees...

gunnercooke

Sapna Garg explores the courts’ approach to rectifying parties’ mistakes when agreeing contract terms...

Expert evidence: A not so old master

Severn Trent Water Ltd

Kate Raybould looks at duplicity and art dealers...

Allen & Overy

Jason Rix examines contractual discretion and absolute contractual rights...

Quadrant Chambers

Joseph Sullivan reports on the first televised decision in the Court of Appeal...

Penningtons Manches LLP

Clare Arthurs and Nicole Finlayson catch the beat of non-party costs orders...

Equality Act: Bearing the burden – proving race discrimination in the employment tribunal

Weightmans LLP

The Court of Appeal has restored the long-established burden of proof test in discrimination cases, reports Steve Peacock...

Taylor Wessing LLP

Katie Davenport explores how the GDPR and attitudes to data privacy are changing the approach to employee background checks...

Fox Williams LLP

Joanna Chatterton and Ed Livingstone discuss new and existing pay reporting legislation and consider the need for employers to treat the legislation as more than simply a box-ticking exercise...

Spencer West

Whatever course Brexit takes, employers should help their workers with EU nationality in proving they have the right to remain in the UK, writes Samar Shams...

Keystone Law

As Asda loses another round of its long-running fight with a group of female shop workers, Fiona Macdonald considers what employers can do to avoid falling foul of equal pay law...

Shoosmiths LLP

Jo Tunnicliff and Antonia Blackwell continue our series with advice on how to refresh employers’ policies protecting staff from discrimination, harassment, bullying and unequal treatment...

VWV

Michael Halsey and Mark Stevens round up the latest case law and developments affecting employers and their advisers...

Dechert LLP

Charles Wynn-Evans reviews recent litigation highlighting some of the legal issues at play when employers seek to enforce confidentiality obligations in a settlement agreement or an employment contract...

Funding: Bridging the gap

29 Bedford Row Chambers

Alexis Campbell QC, George Williamson and Katie Alexiou set out the key issues when considering litigation funding...

Vardags

Antonia Barker analyses the outcome in long-running financial remedy proceedings, where the court drew adverse inferences from non-disclosure and was unable to achieve finality...

Gardner Leader

Simon Fisher explains his experiences of the HMCTS pilot schemes, which have the aim of speeding up the divorce suit and financial consent order processes...

Rayden Solicitors

Lehna Gardiner highlights the approach taken in TOLATA 1996 proceedings when compared with financial order cases...

John Lamb Financial Planning

Alex Shields looks at the potential unintended consequences and hidden tax implications that can arise when dealing with pension assets on divorce...

Paris Smith LLP

Helen Cort discusses how economic uncertainty can impact on the divorce rate, and the potential pitfalls that may be encountered if divorce proceedings are delayed until more certain times...

Withers LLP

Michael Gouriet and Natalie O’Shea examine the government’s proposals regarding no-fault divorce and question whether sufficient consideration has been given to the wider implications of reform...

Blacks Solicitors

Andrew Smith discusses methods of enforcing periodical payment orders, the approach to arrears more than 12 months old and the potential for reform...

Compensation: Costs of commercial surrogacy – a recoverable head of loss?

7 Bedford Row

Julian Matthews looks at a recent contentious decision and the possible wider ramifications...

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

Informed consent; clinical negligence; the SAAMCO principle...

Bolt Burdon Kemp

Sam Hayman advises on where he sees an emerging market for ADR...

QM Legal Costs

Paul Jones examines the problems that can arise when cases are transferred between firms...

39 Essex Chambers

Jonathan Bellamy explores the issues that arise in the growth area of professional sport claims...

Exchange Chambers

Pankaj Madan reviews research which illustrates that rehabilitation in the form of CBT and psychotherapy for chronic pain conditions is effective...

Parklane Plowden Chambers

Andrew Sugarman and Megan Crowther consider the extent of employers’ liability for personal injury in this rapidly changing area...

Zenith Chambers

Elliot Kay reports on a recent case that confirms you have to send a bill of costs to your client, even in fixed costs cases...

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...

Conditional development agreements: Digging deeper

Brabners LLP

Who bears the risk of damage occurring close to completion of a development? Kevin Manley explores the issues...

4 New Square Chambers

Nicholas Broomfield considers the decision in Mears v Costplan...

Fladgate LLP

Karen Mitchell and Alison Mould discuss an important ruling on whether Brexit would cause a lease to be frustrated...

Walker Morris LLP

Martin McKeague and Will Cousins analyse recent key cases on the interpretation of overage agreements...

John Starr

John Starr reviews a case involving an agreement to agree, which highlights the importance of clarity in commercial agreements...

Dentons

Mark Bassett reports on the Court of Appeal’s findings in Faraday...

Dentons

Katie Scuoler examines the vital role that allotments play in creating communities of the future...

Forsters LLP

Natasha Rees reviews the most important enfranchisement cases of 2018...

French succession law: Ça n’finira jamais

Russell-Cooke LLP

The dispute over Johnny Hallyday’s estate is an example of the problems that can arise with international estates. Patrick Delas discusses...

Royds Withy King

In the second part of two articles Amanda Noyce continues to review recent proprietary estoppel cases, as well as outlining the lessons to be learned...

Charles Russell Speechlys LLP

Oliver Auld gives the lowdown on what happens to trusts in the event of a divorce...

Barlow Robbins LLP

Sue Clark highlights the risks of LPAs and deputyships and what can be done to safeguard the donor...

Wright, Johnston & Mackenzie LLP

Ian Macdonald provides a comparison of the English and Scottish procedures for executors...

Old Square Tax Chambers

Mary Ashley explores a recent case considering the options by which trustees can extend their powers...

University of Greenwich

Mark Pawlowski and James Brown examine the possibility of using the mechanism of a residuary legatee in order to enforce a trust for non-charitable purposes...