This category can only be viewed by members.
Tom White and Claire Curtis explore how technology is revolutionising dispute resolution ‘There are numerous arguments in favour of introducing an online dispute resolution platform for low-value claims, from increasing access to justice and saving costs, to discouraging, or at least mitigating the impact of, vexatious claims.’Technology and the law is certainly not a new …
Continue reading "IT: The appliance of science"
This post is only available to members.
Clare Arthurs and Nicole Finlayson review recent decisions ‘As ever then, the moral of the story is – to avoid doubt, spell/write/type it out.’ Life as a commercial litigator is (large disclosure exercises aside) usually varied and stimulating. No two cases are ever the same, and you never know what is going to cross your …
Continue reading "Insights By Penningtons Manches: A bundle of fun, and other stories…"
This post is only available to members.
Brioney Thomas and Grace Dawson Stephens weigh up a recent decision on penalties ‘The case is authority that a price reduction, recorded separately but contemporaneously with a main agreement, should be considered a primary obligation of the overall deal.’ Practitioners should take note of the recent application of the law on penalties in Vivienne Westwood …
Continue reading "Drafting: The letter of the law"
This post is only available to members.
Gwendoline Davies guides the way through the obligations of data protection and disclosure ‘Whenever a data controller wishes to rely on the disproportionality or the privilege exemption, it should be prepared to justify that decision, with evidence in support.’ The extent of a data controller’s obligations to respond to data subject access requests (DSARs), and …
Continue reading "Disclosure: Blind data"
This post is only available to members.
Clare Arthurs and Richard Marshall take a view on the direction of reform ‘The reforms to the civil courts will move away from “combative hearings”, offering instead a number of options: dispassionate evaluation, followed by negotiation, conciliation, mediation or a tailored, issues-based hearing.’ This time last year, we were reeling from Jackson LJ’s proposal to …
Continue reading "Insights By Penningtons Manches: The future’s bright"
This post is only available to members.
Andrew Beck and Gwendoline Davies return to update the law and practice of legal advice privilege and litigation privilege ‘When faced with a request for information or a request for disclosure, it is no longer sufficient for a party to simply shout privilege in an attempt to justify a refusal to respond.’In January 2016 we …
Continue reading "Practice: For your eyes only"
This post is only available to members.
Maura McIntosh summarises a currency-sensitive judgment ‘It followed as a matter of logic, the judge said, that where the court made an order in sterling it ought to have power to compensate the receiving party for any exchange rate loss.’When assessing the costs to which a German claimant was entitled on having succeeded in its …
Continue reading "Costs: A fair exchange"
This post is only available to members.
David Sawtell assesses the utility of notification injunctions ‘An applicant who has successfully obtained a notification injunction should be ready to apply back to court for a full freezing injunction if they are notified or become aware of a transaction or transactions that will damage their position.’ In Holyoake v Candy [2016] Nugee J gave …
Continue reading "Injunctions: Let me know before you go go"
This post is only available to members.
Paolo Sidoli looks at a reassertion of privilege by the Court of Appeal ‘A client must be confident and certain that what they tell their solicitor will remain between them and the adviser.’In Avonwick Holdings Ltd v Shlosberg [2016], the Court of Appeal considered whether privilege attaching to a bankrupt’s documents constituted property which vests …
Continue reading "Privilege: Keeping secrets"
This post is only available to members.
Michael Ward reflects on recovery under cross-undertakings in freezing injunction cases ‘If Transfield Shipping applies to cross-undertakings in damages (CUD) inquiries, it would raise the possibility in some cases of a claimed loss being foreseeable under the orthodox approach but still ultimately irrecoverable on remoteness grounds.’Cross-undertakings in damages (CUDs) are given by an applicant for …
Continue reading "Remoteness: The primrose path"
This post is only available to members.
