January/February 2018 #77 – Law Journals

Insights by Penningtons Manches: Securing costs

Clare Arthurs and Nicole Finlayson take a look at some recent costs cases ‘It is evident from the judgment in Premier Motorauctions that the existence of ATE insurance will be taken into account by the court when assessing a claimant‘s ability to pay an adverse costs order.‘ As the nights drew in, the end of …

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Disclosure: Now you see it

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Andy Bowen reviews the proposals for the reform of disclosure ‘The new rules introduce the concept of “basic disclosure“, being disclosure of key documents relied on by the disclosing party and which are necessary for other parties to understand the case they have to meet.‘ Proposals for the reform of disclosure were published by the …

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Contract: Take no notice

Sapna Garg investigates a recent judgment with implications for business and share sale agreements ‘In cases of similarly worded clauses, a claims notification is unlikely to be valid if it sets out the circumstances giving rise to the claims and provides only a general indication of the various clauses which may have been breached.‘ The …

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Update: (Un)happy holidays

Anna Pertoldi considers a recent case on damage ‘The main argument which the Court of Appeal accepted was that “damage“ was confined to direct damage for the purpose of choice of law and the same concept should be applied to questions of jurisdiction.‘ The Supreme Court has found, by a majority and in obiter comments, …

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Jurisdiction: Follow the money

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Asaf Niemoj concludes his consideration of the location of bank accounts and establishing jurisdiction under the Brussels Regulation Recast ‘The legal status post-Universal seems to be puzzling. Whereas in Kolassa the court seemed to be willing to allow attribution of jurisdiction to the state where the claimant suffered a loss on the basis that this …

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Funding: Safety first

Georgina Squire summarises a recent caselaw with potential impact on ATE funding ‘The financial standing and resources of the claimants and their third-party funder were scrutinised closely by the court in this case and it should be expected in future cases.‘ In Bailey v GlaxoSmithKline UK Ltd [2017] the defendant applied to the court for …

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Privilege: Careful conduct

James Mather and Joel Seager examine the position of insolvency officeholders and privilege ‘As regards privileged materials, it is clear that the trustee remains entitled to make at least some use of their contents, such as to further an investigation by following a line of enquiry. What the trustee must never do, however, is to …

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Breach of duty: Keeping good company

Richard Palmer assesses recent decisions on wrongful trading and misfeasance ‘The test for use of the ss214/246ZB(3) defence is not only that the steps taken were intended to reduce the net deficiency to creditors, but that risk of loss to “new“ creditors had to be minimised.‘ There are two aspects of wrongful trading and misfeasance …

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Costs: Budgetary benefits

Elizabeth Wiggin and Andy McGregor report on the judgment in Sharp v Blank ‘Certain applications might, in themselves, not be significant developments, but may lead to work that can be characterised as significant. As such, the court should look at the totality of related developments.‘ In Sharp v Blank [2017] the court considered the defendants‘ …

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