September/October 2011 #39 – Law Journals

ADR: We can work it out

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Christopher Gilbert argues that we neglect arbitration at our peril Practitioners fear that arbitration is in danger of being sidelined by the Ministry of Justice, notwithstanding the aim published in its Business Plan in November 2010 to develop ‘proposals to promote wider use of alternative dispute resolution, including mediation, in the civil courts’. The Green …

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Shareholders: Through the looking glass

Dov Ohrenstein reviews the law relating to reflective losses and derivative claims ‘Pursuant to s260(1) of the Companies Act Act, only a company member can bring a derivative claim. For this purpose “member” includes trustees in bankruptcy and other persons who have been transferred shares by operation of the law.’ Where a wrong is done …

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Partnership: When partners fall out

Peter Dodge considers whether the court will order the completion of unfinished projects following dissolution ‘There is very little pre-1890 authority as to the extent of a partner’s authority to bind his former partners following dissolution.’ Section 39 of the Partnership Act 1890 provides for the winding-up of the business and affairs of a dissolved …

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Arbitration: Being picky

Philippa Charles discusses the recent Supreme Court judgment in Jivraj The London arbitration community has warmly welcomed the judgment of the Supreme Court in the case of Nurdin Jivraj v Sadruddin Hashwani [2011]. The issues in the case and the decision of the Court of Appeal had carried what one advocate described as ‘chilling’ implications …

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Disclosure: Call of duty

Mark Surguy examines the tension between disclosure and misconduct ‘The logic of allowing clients to do some of the work in relation to disclosure to save costs may be sound, but the external law firm needs to think very carefully about its duties.’ On 6 October 2011 the Solicitors Code of Conduct 2007 will be …

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Intellectual Property: Episode III – the final showdown

Sarah Bazaraa looks at the impact of Lucasfilm v Ainsworth The Supreme Court recently handed down its much anticipated judgment in Lucasfilm v Ainsworth [2011] : a case that highlighted difficulty with the practical application of the Copyright Designs and Patents Act 1998 (CDPA) and that forced the judiciary back into the uncomfortable realm of …

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Media: Hold the line

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Simon Baggs and Rachel Barber report on the Newzbin2 case The case of Twentieth Century Fox Film Corporation & ors v British Telecommunications plc [2011] (Newzbin2 case) addresses the question of whether an internet service provider can be required to impede subscriber access to a website engaged in copyright infringement. The proceedings were commenced by …

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