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Garbhan Shanks and Harriet Stokes highlight the use of a rare form of injunctive relief ‘Where a party is aware that proceedings against it have been brought in breach of a jurisdiction or arbitration agreement, the first port of call should rightly be to apply for an anti-suit injunction.’In cross-border litigation and arbitration it is …
Continue reading "Injunctions: You snooze, you lose – anti-enforcement injunctions in the English courts"
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David Sawtell investigates recent case law on repudiatory breach ‘It is unclear to what extent the “good faith” principle has altered the test restated in The Aquafaith. This is, of course, very unhelpful to wronged parties who need to work out (a) if the other side is in repudiatory breach and (b) if they are, …
Continue reading "Repudiatory Breach: Wrapped up in cotton?"
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Rustam Dubash and Clare Arthurs evaluate the new bill of costs and time recording codes ‘Fee-earners will need to think carefully about how they record their time – to which phase(s) and activities and in how much detail – but this is, in reality, nothing new.’ Opinion appears divided about the proposed new form bill …
Continue reading "Insights By Penningtons Manches: Time recording – all change?"
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Gwendoline Davies and Marshal Ahluwalia look at the lessons to be learned from recent history ‘Utilising the underlying principles from the Khiaban case and thinking very carefully pre-issue as to the financial value of a claim in respect of the amount in dispute could well result in early resolution. Inflated claims are rarely conducive to …
Continue reading "Practice: Old dog – new tricks"
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Laura Crawford and Jon Chesman warn against the expedient choice of defendants ‘Even if the claimant considers that the actions are sufficiently different to warrant separate proceedings, the court confirmed that this is a question for the judge to determine when exercising general case management powers.’ On Friday 11 September 2015, in the High Court …
Continue reading "Abuse Of Process: Trial run"
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Victoria Brooks, Tom Beezer and Hannah Cockerill discuss the recent reinforcement of final orders in arbitration proceedings ‘This case does not make any new law but represents a useful reminder of the important principle that an arbitral award will be final and binding, unless otherwise agreed by the parties.’ A recent case in the Commercial …
Continue reading "Arbitration: Déjà vu"
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Clare Arthurs and Julie Bond provide a timely reminder of the rules relating to litigants in person ‘We can help the court by being realistic: suggesting or agreeing simple measures such as extra directions hearings, by telephone where practical, and asking for the case to be reserved to one judge.’Swingeing cuts to legal aid; vastly …
Continue reading "Insights By Penningtons Manches: LiP service? Dealing with litigants in person"
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Matthew Collingwood-Cooper examines a recent judgment of note for parties to adjudication ‘Often, after an adjudication neither party will be fully satisfied but generally will tacitly accept the result – as long as the other is willing to do so. However, expecting the parties to formally agree this may be wishful thinking.’On 17 June 2015 …
Continue reading "Limitation: Let sleeping dogs lie"
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Julianne Hughes-Jennett and Sarah Baddeley look at the implications of Gazprom ‘The Advocate General considered that if West Tankers had been decided under the Brussels I Regulation (recast), the anti-suit injunction would not have been held to be incompatible with that Regulation.’The Court of Justice of the European Union (CJEU) has handed down its judgment …
Continue reading "Anti-Suit Injunctions: Muddying the water"
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Jonathan Elvey and Despina Plomaritu consider the recent decision in Braganza ‘In private contracts, as in public matters, both limbs of Wednesbury should be looked at in assessing the reasonableness of a decision. And on that basis (said the three majority judges), BP had acted unreasonably.’ Contracts often give you free rein to take a …
Continue reading "Contract: Beyond reason"
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