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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...

Insolvency: Administration – considerations for the in-house employment lawyer

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...

Charles Russell Speechlys LLP

Trevor Bettany and Sophie Keene continue our series with advice on how to draft a standalone procedure to address underperformance...

Keystone Law

Employers should review the contents of their drugs and alcohol policy and how they handle breaches of that policy in light of recent developments, writes Stephen Levinson...

Trowers & Hamlins LLP

Rebecca McGuirk and Anna Scott consider recent rulings on whether compensatory rest has to be continuous and on what compensation is available to a worker denied a rest break...

Mishcon de Reya

Åsa Waring and Camilla Down examine the latest cases to consider the vexed issue of whether an individual is an employee, worker or self-employed...

Linklaters LLP

A recent decision has made it harder for suspended employees to claim that their employer has undermined the employment relationship, explains Rachel Morgan...

Bryan Cave Leighton Paisner LLP

Jackie Thomas rounds up the latest case law and developments affecting employers and their advisers...

Weightmans LLP

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

Marital agreements: Loud and clear?

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...

Irwin Mitchell LLP

In the first of a two-part analysis, Bronwyn Bailey and Ethan Axelrod discuss the circumstances in which wider family wealth may impact on claims between spouses...

Burgess Mee

Vikkie Chetcuti examines case law developments on pre-nuptial agreements, in particular as to legal advice, jurisdiction clauses, needs and sharing, in the post-Radmacher era...

Russell-Cooke LLP

Jemma Pollock reviews the treatment of ‘copper-bottomed’ assets when compared to assets with a higher risk and less certain value in a case involving a private company...

Harcus Sinclair

Beth Mason considers the court’s approach to a challenge to an arbitral award, and the limited circumstances in which such an award will be set aside...

Hall Brown

Alice Rogers looks at the courts’ approach to an application to strike out and the circumstances in which a financial consent order may not conclude the parties’ financial claims...

Mills & Reeve

Claire Molyneux and Louise Spalding investigate the draft Domestic Abuse Bill, and ask if its well-intentioned aims can be achieved...

29 Bedford Row Chambers

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

Case report: Mark v Universal Coatings and Services Ltd [2018] EWHC 3206 (QB)

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...

Exchange Chambers

Pankaj Madan gives invaluable advice about the practical issues that often arise in establishing liability and how to resolve them...

Osbornes

Laura Swaine reviews whether payments made by third parties can be offset in fatal accident claims...

3PB Barristers

Sarah Mynard examines the complex issues of causation that arise in periodontal claims...

4 New Square Chambers

Benjamin Williams QC and Ben Smiley consider judicial guidance about how and when service can be effected...

Exchange Chambers

Bill Braithwaite QC provides his insight on recent significant case law...

1 Crown Office Row

Is a claimant for psychiatric injuries associated with their child’s birth a primary or secondary victim? Suzanne Lambert discusses...

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...

Land agreements: Competition infringements considered

Latham & Watkins

John D Colahan and Anuj Ghai review the CMA’s recent guidance on land agreements...

John Starr

John Starr reports on a decision clarifying how second adjudications work, as well as a number of tax changes in the offing...

University of Greenwich

Mark Pawlowski takes a look at the doctrine of frustration as it applies to leases in the light of a recent ruling on whether Brexit frustrates a lease...

Stephens Scown

Richard Bagwell explores the recent judgment of the Court of Appeal in TW Logistics Ltd v Essex County Council...

Shoosmiths LLP

A court has enforced the landlord’s repairing obligation relating to Beetham Tower, requiring it to find a permanent solution to failing glass panels, as Lucy Shepherd and Luke Holden discover...

Gowling WLG

The Supreme Court has clarified the meaning of a highway, with reference to legislative history, as Senay Nihat and Martin Thomas find out...

Charles Russell Speechlys LLP

Does being overlooked amount to a private nuisance? Megan Davies considers a recent case involving the Tate Modern...

Brabners LLP

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

Contested wills: Late for a very important date

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...

Bolt Burdon

A recent case provides helpful guidance on the financial consequences of assisting suicide. Alexa Payet explains...

Radcliffe Chambers

Justin Holmes reports on a case concerning the making of a deathbed statutory settlement to avoid the intestacy rules...

Barlow Robbins LLP

Scott Taylor and Oliver Black investigate the factors that will be taken into account when establishing domicile...

5 Stone Buildings

William East reviews two recent cases on out-of-time 1975 Act claims with different outcomes...

Musings from Manchester: Unhappy families

Old Trafford Consulting Ltd

Geoffrey Shindler examines whether the current system does justice for children excluded from a parent’s will...

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...

Griffin v Higgs