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Stewart Hey, Rhys Novak and Simon Heatley discover new depths in search orders ‘Search orders by their nature are preservatory and the question of the use of preserved material must be raised specifically with the court.’ A search order is perceived to be one of the most, if not the most, draconian orders the court …
Continue reading "Search orders: Seek and ye shall find"
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Keith Oliver, Amy Harvey and Amalia Neenan assess the impact of regulation and civil remedies on crypto-criminality ‘It remains to be seen how these new regulatory efforts will play out in the future, and whether they will have any meaningful impact on curtailing the rapidly increasing level of cryptofraud in the UK.’ 2019 was a …
Continue reading "Regulation: Funny money"
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Andrew Ward, Pierre Welch and Leah Alpren-Waterman track time limits in rail franchise public procurement claims ‘If an unsuccessful bidder in a public procurement process is to be free to challenge the lawfulness of the process while it is ongoing, and to undo the result where appropriate, then it is vital that such challenges are …
Continue reading "Limitation: The need for speed"
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David Sawtell discusses a free range in the choice of jurisdiction ‘When conducting the enquiry under Art 4(1), the court should carry out an objective assessment of all the factors characterising the contractual relationship and determine which of those factors are the most significant.’ Not all commercial agreements between international parties will expressly state the …
Continue reading "Jurisdiction: A poultry dispute"
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Michael Taylor, Gawain Moore, Duncan Lole and Gwendoline Davies weigh up a Court of Appeal decision on the adverse costs liability of litigation funders It is possible to imagine circumstances in which application of the Arkin cap might not be considered “just”, even where a funder has funded only a distinct part of a claimants …
Continue reading "Funding: Hats off"
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Robert Danvers reports on dispensing with service ‘The court’s acknowledgement of the unconventional methods of service in Lonestar, which included Flickr, LinkedIn, and Facebook Messenger, will evince arguments for the adoption of more technologically sophisticated methods of communication in court proceedings.’ Service of the claim form triggers the court’s jurisdiction and from this date, the …
Continue reading "Practice: Your serve"
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Clare Arthurs and Nicole Finlayson peer into their contractual crystal ball ‘The parties simply had not turned their minds to the set of circumstances that actually arose, ie a sale at a sum other than the sum contemplated.’ The facts of Barton v Gwyn-Jones [2019] appear straightforward. When Mr Barton verbally contracted with Foxpace Ltd …
Continue reading "Insights by Penningtons Manches Cooper: Second sight or hindsight?"
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David Hall, Tom Whittaker and Harry Jewson condense the lessons to be learned five years post-Braganza ‘In those cases where a Braganza term has been implied, there is a clear justification that the term is necessary in order to prevent, or protect against, an abuse of power by the decision-maker.’ In Braganza v BP Shipping …
Continue reading "Contractual discretion: The age of reason?"
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Hannah Kent discusses defamation claims ‘It is important to bear in mind a claimant company’s particular circumstances. A particular statement may cause greater or lesser financial loss to a company, depending on their circumstances and the reaction of those to whom it is published.’ A claimant cannot have an actionable defamation claim unless the allegedly …
Continue reading "Defamation: Out of harm’s way"
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Lynsey Oakdene and Claire Acklam review recent case law on restitution ‘Proceeding to do business without a comprehensive written contract, and ultimately having to rely on a restitutionary remedy, can prove a false economy.’ Quantum meruit is a principle of natural justice which, in the absence of any other (contractual, tortious or statutory) cause of …
Continue reading "Contract: Give it back"
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