November/December 2011 #40 – Law Journals

Costs: Get a grip – keeping a sense of proportion

Melanie Hart reviews the impact of the Trafigura case ‘Where the overall level of costs is disproportionate then each item of cost will only be recoverable if it passes the additional test of necessity.’ On 12 October 2011 the Court of Appeal delivered its judgment in Motto & ors v Ltd & anor (Rev 3) …

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Consumer Credit Act 1974: Unfairness as justice?

John Bruce, Donald McDonald and M ajella McGarrigle consider a Court of Appeal case on unfair relationships under the Consumer Credit Act 1974 ‘Section 140A of the Act enables the court to make an order (under s140B) if it determines that the relationship between the lender and the borrower arising out of a credit agreement …

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Intellectual Property: United forever?

Tim Harris examines the Patents County Court and proposals for a unified patents court ‘There is no “line in the sand” dividing an action that should be started in the PCC from one that must be brought in the High Court. Apart from a damages limit, each court has the same jurisdiction to hear claims …

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Tort: Look before you leap

David Sawtell summarises the law relating to assumption of risk ‘The practitioner must carefully weigh up the indicia pointing towards and away from an “assumption of responsibility” when assessing the merits of a claim or a defence.’ It would be sensible to expect someone who is injured sliding down the banisters in a pub to …

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Privilege: Hear no evil, see no evil

Clare Arthurs discusses the implications of the Keydata case ‘Finding joint interest privilege where no joint retainer exists might place lawyers in a difficult position both contractually and in terms of potential conflicts.’ Drawing the line between the interests of a company and those of its human agents can be difficult. In many cases the …

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Insolvency: In the club

Peter Brewer looks at the liability of association members ‘Typically, creditors will choose the members with the highest profile within the organisation (such as committee members) or, simply, those with the deepest pockets. Inevitably, certain members will find themselves more vulnerable than others.’You don’t have to try very hard to find unincorporated associations all around …

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Arbitration: Lady in the lake

Ben Holland assesses the impact of Excalibur v Texas Keystone Inc ‘In Excalibur, Gloster J ruled that, due to the existence of exceptional circumstances, the Commercial Court had jurisdiction to determine whether an arbitration agreement was valid.’ It is rare for the English courts to impose an injunction preventing parties from conducting an arbitration. This …

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