July/August 2018 #80 – Law Journals

Insights by Penningtons Manches: Keep it in context

Clare Arthurs and Nicole Finlayson take a look at limitation of liability ‘It was not unreasonable for HFP to exclude liability for the vast majority of damage and loss which might arise from its defective performance when it had made clear that it would accept liability if Goodlife took out and paid for the necessary …

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Disclosure: Privileged upbringing

Richard Farnhill resumes his assessment of the current law of privilege ‘Cotton LJ divides agents into two camps: those responsible for obtaining legal advice and all the rest. Only communications between the lawyer and the former camp are protected. There are significant issues with that approach.’ In the first part of this article, I examined …

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American Cyanamid: You cannot be serious – John McEnroe, quantum physics and public procurement

James Neill and Chris Hoyle provide a commercial litigator’s guide to the suspension of the award of a public contract ‘This article focuses on one distinctive feature of the current public procurement regime, namely the remedy of an automatic suspension to the award of a public contract.’ Separated by only five years, there is a …

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Enforcement: A cunning plan

Susan Rosser and Catherina Yurchyshyn assess a recent decision on conspiracy to breach a court order ‘An unlawful-means conspiracy occurs where two or more people act together unlawfully, intending to damage a third party, and do so.’ In the recent case of JSC BTA Bank v Khrapunov [2018], the UK Supreme Court has held that …

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Practice: Backing up the bench

Laura Jenkins and Mike McCabe question why assessors and judicial assistants are not more widely used in commercial litigation ‘Judicial assistants have been used to support judges in the Supreme Court and Court of Appeal since around the turn of the 21st century and have been trialled as a permanent role in the Commercial Court …

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Arbitration: The art of adjudication

Rustam Dubash, Clare Arthurs and Harriet Champkin present an overview of crucial arbitration case law ‘If there is doubt or disagreement as to the materiality of the arbitral award corrections sought, Bryan J suggests issuing an application for an extension of time before the 28-day period expires, and indeed seeking permission to appeal to the …

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