September/October 2014 #57 – Law Journals

Aviation: Let’s go fly a kite… on time

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Ron Cheriyan looks at recent developments in flight delay claims ‘With the narrowing of “extraordinary circumstances”, airlines may now struggle to defend a significant proportion of their claims.’First we had road traffic accident (RTA) claims. Next there were payment protection insurance (PPI) claims. The latest compensation frenzy centres on flight delay claims. Air passengers, frustrated …

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Banking: Still standing

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In her second article Mary Gibbons continues her report on the consequences of NML Capital v Argentina ‘If Argentina chose to make 100% of interest payments due on a particular coupon date, 100% of amounts outstanding on other indebtedness also had to be paid.’ The case of NML Capital, Ltd v the Republic of Argentina …

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Corporate: Riding (and surviving) the wave of shareholder activism

Claire Curtis considers the rise of shareholder activism and how to avoid costly court proceedings ‘Companies which adopt a “head in the sand” approach and fail to actively and positively engage with their shareholders are taking a huge risk, typically one which they cannot afford to take.’ Shareholder activism has been on the rise in …

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Drafting: You ‘may’ do as you please but you ‘must’ do as we say…

Brioney Thomas reviews recent case law on drafting notices ‘It is clear that if you want to exercise an option or give some form of notice under a unilateral contract, you need to follow the requirements set out in the agreement.’ Recent cases have provided a reminder of the importance of the choice of language …

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Experts: Getting the story straight

Emma Davies and Clare Arthurs analyse the new streamlined Guidance for the Instruction of Expert Witnesses post-Mitchell and Jackson ‘Parties must be able to demonstrate that the expert evidence on which they seek to rely is fundamental to their case, particularly given the courts’ increased case management powers and heightened sensibilities regarding proportionality.’ It cannot …

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Part 36: An offer you can’t refuse

Giles Hutt and Alex Sciannaca examine Part 36 and discuss possible reform ‘Part 36 is excessively technical and counter-intuitive to lawyers used to thinking in terms of contractual offer and acceptance, and as a result many offers are defective.’ One section of the Civil Procedure Rules (CPR) that is generally thought to work well, but …

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Jurisdiction: Courting certainty

Conrad Walker and Helen Rowlands report on a recent High Court ruling clarifying the scope of ‘proceedings’ and ‘court’ in Articles 27 and 30 of the Lugano Convention ‘The English court has not adopted a very technical approach to the meaning of “proceedings” and “court”, but a pragmatic one.’The Lugano Convention governs issues of jurisdiction …

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