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Kate Corby and Richard Molesworth assess UK compliance with the EU recommendation on collective action ‘Although agreeing that collective redress can have some benefits in certain areas, the UK government has taken the position that the recommendation has gone too far in calling for member states to have systems providing for collective redress for such …
Continue reading "Reform: Action on collective actions?"
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Victor Cardona and James Villanueva review recent US treatment of NDAs ‘An NDA can potentially provide the disclosing party with the assurance that a confidential relationship has been created and that discussions with receiving parties will not be made public without the disclosing party’s permission.’ When one company considers entering into a business relationship with …
Continue reading "Confidentiality: Vows of silence"
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Sarah Carmichael discusses limitation and adjudication ‘Limitation is not ordinarily a concern at the outset of adjudication but the limitation bar might descend to block later referral of the underlying dispute to a court or arbitrator for final determination.’The Housing Grants, Construction and Regeneration Act 1996 (the Act) introduced adjudication as an expedient method to …
Continue reading "Limitation: Stop the clock?"
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Peter Taylor and Anna Robinson urge a fresh look at mediation ‘You should never ignore an invitation to ADR. If the timing or format of the ADR is an issue then it would be prudent to explain the reasons and suggest an alternative approach to ADR in the context of the dispute.’ Mediation is one …
Continue reading "ADR: Blessed are the peacemakers"
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Maura McIntosh highlights a recent case limiting witness evidence ‘The power to prohibit the calling of witnesses is relatively extreme and therefore will ordinarily be considered after less intrusive measures have been considered and rejected.’In what appears to be the first High Court decision applying the court’s new express powers to limit factual witness evidence, …
Continue reading "Evidence: Cutting it short"
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Cynthia O’Donoghue considers recent developments in data protection ‘Each of these decisions, opinions and guides all inform and should be used as a basis for interpreting the evolving definition of “personal data” rather than considered in isolation.’ What is ‘personal data’ is a conundrum often grappled with and for which there is little guidance except …
Continue reading "Data Protection: Ask no questions, tell no lies"
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Edward Coulson and Rachel Ziegler consider the recent Court of Appeal judgment preventing French parties in English litigation relying on the French blocking statute to avoid disclosure ‘Despite the fact that the orders made might expose parties to a risk of prosecution in France, the English court was still entitled to make them, although it …
Continue reading "Disclosure: French frankness"
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Ian Tucker and Charles Crowne discuss a recent ruling on retention of title ‘Unfortunately, the law around retention of title clauses is rather unclear. If goods are on-sold before title passes to the initial buyer, then it may not be possible for the original seller to claim the price.’ Retention of title clauses are widely …
Continue reading "Contract: Hands off!"
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Adam Forster examines a case with many lessons for practitioners ‘Omissions from the pleadings can have serious consequences, and the court will (or, at least, should) confine its consideration to the pleaded cases.’ The Court of Appeal has recently handed down judgment in the case of Credit Suisse AG v Arabian Aircraft & Equipment Leasing …
Continue reading "Procedure: Skeletons in the cupboard"
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Maura McIntosh reviews on a recent decision dealing with costs sanctions and Part 36 ‘The present decision suggests that the court may be less likely to order the new sanction where a claimant’s Part 36 offer is made very late in the day.’In the first case we have seen addressing the new costs sanction introduced by the …
Continue reading "Part 36: Last chance saloon"
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