May/June 2011 #37 – Law Journals

Arbitration: Turning the tanker around

Richard Power and Louise Trotter examine the response of the European Commission and the English Courts to West Tankers ‘The effect of West Tankers is that the courts of the arbitral seat are precluded from issuing an anti-suit injunction restraining proceedings being pursued in another member state.’ The European Commission (the Commission) has published a …

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Confidentiality: Silence is golden

Alan Watts and Anna Bateman conclude their review of recent cases on the law of confidence and privacy ‘The principle of open justice requires that any restrictions are the least that can be imposed consistent with the protection to which a claimant is entitled.’ Following our previous article on confidence and privacy in the last …

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Bribery Act: More or less guilty

Mathew Leverton reviews recent guidelines, bad faith and the Bribery Act ‘The Act creates the new offence of failure by companies to prevent bribery committed on their behalf.’ If it is possible to generalise at all, one might observe that the law dealing with dishonest or fraudulent behaviour is concerned with conduct that has a …

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Costs: Giving up gracefully

Dick Warner looks at recent case law on awards of costs following discontinuance of proceedings ‘The terms of r38.5 CPR were such that the discontinuance of the main action would not affect any proceedings relating to costs, but when considering an application under r38.6 CPR, the court would place weight on whether or not the …

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Procedure: Making your mind up

Johnathan Payne and Richard McKeown assess the impact of Edwards-Tubb v Wetherspoon ‘It has long been recognised that the courts could make conditional orders where the party sought to substitute an expert who had been named within proceedings.’ Litigators should be aware of the Court of Appeal’s recent judgment in the case of Edwards-Tubb v …

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Expert Evidence: Nowhere to hide

Gary Lawrenson considers the impact of Jones v Kaney ‘In the Supreme Court, the majority decision, led by Lord Phillips, removed experts’ immunity against claims by their clients. Experts can now be sued for breach of contract or professional negligence in relation to their participation in legal proceedings.’In Jones v Kaney [2011] the Supreme Court …

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Competition Law: (Not) breaking the bank

Kai Struckmann and Genevra Forwood map out the options available to companies unable to pay fines imposed by the European Commission ‘The factors determining the competition fines are the annual value of relevant sales, the gravity and duration of the infringement.’ European Commission fines for infringements of competition law are high. It is no longer …

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