March/April 2011 #36 – Law Journals

Fraud: A breaking wave?

Peter Dodge discusses the potential for increased litigation and the themes that may emerge ‘Uncertainty tends to produce litigation. When the courts clarify principles of law, experienced litigants such as lenders and insurers can then compromise claims on the basis of that clarification.’ It is a truism that cyclical falls in property prices following periods …

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Product Liability: UK and South Africa compared

Karishma Jasani Paroha, Gareth Cremen and Michael Judin investigate product liability legislation in South Africa ‘Consumers will be entitled to rely on the fact that consumer products will be reasonably suitable for the purposes that they were originally intended for, and will be of good quality, in good working order and free of defects.’ The …

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Financial Services: Let’s get together

Michael Isaacs looks at how collective consumer claims may work under the enhanced powers given to the FSA in October 2010 by the Financial Services Act 2010 ‘The government view is that the best approach is a regulator-led one, on a sector by sector basis, and financial services is the guinea pig. The approach was …

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Insurance: Just in case

Alison Padfield examines legal developments in before the event legal expenses insurance ‘The decision in Eschig has been widely interpreted as an indication that the European Court of Justice will interpret the LEI Directive as not permitting any restriction on the freedom to choose a lawyer other than those limited restrictions expressly set out in …

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Privacy: To publish or not to publish

In the first of two parts, Alan Watts and Anna Bateman review recent cases on the law of confidence and privacy ‘Applications for interim injunctions to prevent publication of confidential information are often sought and obtained.’ The past few years have seen some significant developments in the law of confidence, such that it is now …

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Enforcement: Increasing use of judicial discretion?

James Thackray considers recent cases about freezing orders ‘Practitioners would be well advised to carefully consider the exact formulation of the freezing order sought on the initial application; consider if your client might need to seek disclosure of trust assets held by the defendant and how to ensure the additional wording is included in the …

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Competition: New guidelines on horizontal co-operation agreements

Antony Woolich and Joseph Botham analyse the impact and effect of the new rules on horizontal co-operation agreements ‘The Commission considers certain restrictions imposed by the IE to be restrictive by object. For such restrictions it may be especially difficult to argue that the criteria for exemption apply.’ The European Commission (the Commission) adopted new …

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