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Commercial Disputes

Blog

The beginning of the end to mis-selling claims?

Published on 22 December 2014. By Davina Given, Partner

Mis-selling of interest rate products to unsophisticated customers has been the subject of intense regulatory scrutiny, with the banks paying out over £1.5bn to around 10,000 customers in the course of the Financial Conduct Authority's Interest Rate Hedging Product Review which began in May 2013.

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Blog

Defend and submit: Challenging the jurisdiction of the Court

Published on 18 December 2014. By Jonathan Cary, Partner

A defendant who wishes to challenge the civil jurisdiction of a Hong Kong court should not file and serve a defence pending the outcome of the challenge.

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Blog

Occupy Central: Civil disobedience and civil remedies

16 December 2014

The "Occupy Central" movement in Hong Kong has involved large numbers of protesters occupying major roads in Hong Kong, particularly in the areas of Admiralty (on Hong Kong Island) and Mong Kok (on the Kowloon Peninsula).

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Blog

The Commercial Court assesses the power and limitations of "Chabra" jurisdiction

Published on 08 December 2014. By Adam Forster, Senior Associate

The Commercial Court has recently considered[1] that it did not have jurisdiction to grant a freezing order to assist in the enforcement of an arbitration award against subsidiaries of the first defendant, which were incorporated outside the jurisdiction and had no assets or other presence in England.

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Blog

Entitlement to inheritance claim not within the "wills and succession" exclusion under Article 1(2) of the "Brussels I" Regulation on jurisdiction and enforcement

03 December 2014

The High Court has recently dismissed a tortious claim[1] for conspiracy to deprive the claimant of inheriting her late father's shares on the basis that it had no real prospect of success.

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Blog

Defendant which unreasonably refused to mediate escapes costs sanctions

Published on 21 November 2014. By Alexis Armitage, Associate

When considering costs and exercising its discretion under CPR 44.2, the court has regard to all the circumstances including the conduct of the parties before as well as during the proceedings.

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Blog

Injunctions - when will the court order fortification of a cross-undertaking in damages?

Published on 18 November 2014. By Geraldine Elliott, Partner

The Court of Appeal endorsed for the first time the accepted criteria that must be satisfied before the court can order an application for fortification of a cross-undertaking in damages in EVP v Malabu Oil.[1]

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Blog

Defendant which unreasonably refused to mediate escapes costs sanctions

18 November 2014

When considering costs and exercising its discretion under CPR 44.2, the court has regard to all the circumstances including the conduct of the parties before as well as during the proceedings.

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Blog

No anti-suit injunction for parties not subject to an arbitration agreement

17 November 2014

The importance of drafting arbitration agreements carefully and precisely has been highlighted by the Commercial Court when it rejected an application for an anti-suit injunction restraining New York court proceedings in favour of arbitration[1].

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Blog

Bribes and Undisclosed Commissions to Agents: Supreme Clarity.

Published on 29 October 2014. By Jake Hardy, Legal Director

In late July, the Supreme Court of England and Wales handed down a succinct judgment on a topic which, while narrow, is of considerable importance in its sphere.

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Blog

FTT prevents HMRC from having two bites of the cherry!

Published on 22 October 2014. By Daniel Wyatt, Senior Associate

In Lady Henrietta Pearson v HMRC [2014] UKFTT 890 (TC), the First-tier Tribunal (Tax Chamber) ('FTT') concluded that HMRC had "ignored" its previous decision by seeking to reduce the amount of a VAT refund which it had ordered HMRC make to Lady Henrietta Pearson ('the taxpayer').

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Blog

The importance of commercial considerations in contractual construction

Published on 13 October 2014. By Chris Ross, Partner

The principles governing contractual interpretation under English law are reasonably well-established.

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Blog

Leveling the playing field - SFC conclusions on professional investor regime and client agreements

Published on 03 October 2014. By Jonathan Cary, Partner

Despite the ongoing political noise coming out of Hong Kong, commercial life and the operation of the financial markets continue unabated.

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Blog

Crime and privilege

Published on 23 September 2014. By Davina Given, Partner

Under English law, legal professional privilege permits a civil litigant or a defendant in criminal proceedings to withhold from the other side documents subject to the privilege.

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Blog

Turning the clock back

Published on 15 September 2014. By Alan Williams, Senior Associate

A recent Court of Appeal decision[1] in a pensions' dispute provides a reminder of circumstances in which the English courts will allow a statement of case to be amended to bring a new claim which would otherwise be time barred.

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Blog

Permission refused to use disclosed documents in foreign proceedings

Published on 22 August 2014. By Laura Martin, Senior Associate

At the end of June the SFO announced that it had settled claims brought by Vincent Tchenguiz arising from the manner in which his alleged involvement in the collapse of the Icelandic bank Kaupthing hf. was investigated by the SFO.

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Blog

Trust and wealth disputes update

29 July 2014

Our latest trust and wealth disputes update is available by clicking here. Topics include:

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Blog

Manage your damages expectations! Says the Commercial Court

23 July 2014

The Commercial Court recently dampened the Fiat car group's hopes of receiving a loss of profits pay out from Lotus by dismissing its application for summary judgment on a claim for repudiatory breach of contract[1].

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Blog

Be prepared to mediate or prepare to pay

11 July 2014

The High Court has ordered costs on an indemnity basis after a continuing and unreasonable failure on the part of the Defendant to engage with mediation before then accepting a Part 36 offer late following trial.

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Blog

Repudiation: dentist's breach does not go to the root of the contract

Published on 03 July 2014. By Daniel Hemming, Senior Associate

The Court of Appeal has determined that the actual and threatened breach by a dentist of the payment terms (requiring payments to be made monthly) for the use of a practice, was not a repudiation of the contract and the principal was wrong to terminate the contract.

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Blog

Joint defendants, default judgments and the limits of issue estoppel

Published on 30 June 2014. By Jake Hardy, Legal Director

In proceedings with multiple Defendants in which the Claimant had obtained default judgment against Defendant A, another Defendant, B, (which had statutory joint liability for A's actions) was not bound by an issue estoppel raised by the default judgment against A.

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Blog

Assessing compensation under cross-undertakings in damages: is remoteness relevant?

Published on 19 June 2014. By Daniel Wyatt, Senior Associate

In short, yes; compensation under cross-undertakings in damages is assessed using the same rules as assessing damages for breach of contract, i.e. the principles of causation, remoteness and mitigation apply.

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Blog

Whistleblowing partners – no need to add any mystery ingredient

12 June 2014

The Supreme Court has provided welcome clarification of the scope of whistleblowing protection for partners and members of LLPs in the case of Clyde & Co v Bates van Winkelhof[1].

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Blog

Court shuts door on challenge to arbitral tribunal's findings

Published on 03 June 2014. By Chris Ross, Partner

Applicants cannot use s.68 of the Arbitration Act to challenge indirectly the tribunal's finding of fact when they don’t like the decision made.

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Blog

Supreme Court clarification on follow-on damages claims timing

Published on 27 May 2014. By Andy McGregor, Partner

On 9 April 2014, the Supreme Court, reversing the Court of Appeal's decision, ...

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Blog

Interim decision in SFO's battle with Tchenguiz brothers

Published on 16 May 2014. By Alan Williams, Senior Associate

"They wanted to get some scalps …. And now I'm going to butcher them"

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Blog

Agency corked

14 May 2014

In Bailey & Ors. (Joint Liquidators of D&D Wines International Limited) v Angove’s Pty Limited [2014] EWCA Civ 215, ...

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Blog

Vitol Bahrain v Nasdec General Trading: Commercial Court declines jurisdiction

02 May 2014

In the recent decision of Vitol Bahrain EC v Nasdec General Trading & Others the Commercial Court reaffirmed the need for caution when considering whether to bring foreign defendants within the jurisdiction of the English courts.

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Blog

Protection for Partners – which way will the wind blow?

24 April 2014

The Supreme Court's decision in the case of Clyde & Co v Bates van Winkelhof is eagerly awaited by partnerships, LLPs and those who advise them on their internal procedures.

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Blog

New LCIA Rules 2014, draft in consultation

Published on 10 April 2014. By Rebecca Birkby, Senior Associate

The LCIA has released its draft of the new Arbitration Rules, which will be considered by the LCIA Court at its meeting next month on 9 May 2014.

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Blog

Costs consequences of acceptance of a claimant's part 36 offer

Published on 09 April 2014. By Laura Martin, Senior Associate

The High Court in Haynes v Department for Business Innovation and Skills has allowed an appeal against a decision on the eighth defendant's liability for costs following its acceptance of the claimant's offer under part 36 of the CPR.

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Blog

Is an Old Master the same as office chair? The devil's in the detail

Published on 07 April 2014. By Davina Given, Partner

In March 2014, the English Court of Appeal determined that Omai, an 18th century masterpiece by Sir Joshua Reynolds, was an item of "plant or machinery" and a "wasting asset", no different from other trade equipment such as tables, chairs and cars.

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Blog

Persistent breaches of the partnership agreement? – don’t slice the salami

26 March 2014

The recent Court of Appeal decision in Bishop v Golstein[1] has provided welcome clarification on the way to bring a traditional partnership to an end, when one party has breached the partnership agreement repeatedly.

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Blog

RMB exchange rate causing distress: Recent depreciation risks significant losses under exotic currency derivatives

Published on 25 March 2014. By Jonathan Cary, Partner

The renminbi (RMB) appreciation over the last several years appears to have halted for now (at least in the short-term), which has taken much of the market by surprise.

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Blog

The Law of Confidence – Where are we now?

25 March 2014

Our latest article, which first appeared in the March 2014 issue of PLC Magazine, ...

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Blog

Market manipulation: why you should give a Forex

Published on 19 March 2014. By Simon Hart, Partner

Allegations of manipulation in the Forex market have the potential to give rise to both regulatory fines and legal claims dwarfing those relating to LIBOR –

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Blog

Relief from sanctions: round-up of recent decisions

Published on 17 March 2014. By Daniel Wyatt, Senior Associate

Please click here for our latest article which looks at three recent decisions concerning relief from sanctions following the much publicised changes in April 2013 and the seminal case of Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537.

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Blog

When within Rome I or II, do as your EU counterpart might (or might not) do but not in quite the same way they would do it.

Published on 12 March 2014. By Jake Hardy, Legal Director

It seems fairly uncommon[1] for a personal injury action to become a precedent of interest to, and significance for, commercial lawyers.

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Blog

Misrepresentor remains in firing line following change of counterparty

Published on 04 March 2014. By Daniel Hemming, Senior Associate

In Cramaso LLP v Ogilvie-Grant, Earl of Seafield and others[i] the Supreme Court considered whether a party could be liable for a negligent pre-contractual misrepresentation in circumstances where the party to which the representation was originally made was not the ultimate contracting party.

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Blog

Reflective loss – Court of Appeal decision mirrors the position in Gardner v Parker

Published on 27 February 2014. By Christopher Whitehouse, Associate

In the case of Malhotra v Malhotra & Anor[1], the claimant, Mr Rakesh Malhotra, had given a cross-undertaking in damages in support of a without notice injunction, which was later discharged.

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Blog

Deferred Prosecution Agreements (DPAs) go live

26 February 2014

The Director of the Serious Fraud Office, David Green, regards DPA s as "a welcome addition to the prosecutor's tool kit" but nevertheless has confirmed that "Prosecution remains the preferred option for corporate criminality".

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Blog

Commercial Court confirms principles relating to law governing arbitration agreements

Published on 25 February 2014. By Chris Ross, Partner

The case of Habas Sinai v VSC Steel Company[1] reinforces the importance of providing for a governing law in contracts, particularly if the parties want an arbitration agreement to be governed by a different law from the law of the seat of the arbitration.

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Blog

Court clarifies relationship between the CPR and the Companies Act when serving a director resident abroad

Published on 11 February 2014. By Adam Forster, Senior Associate

Following a recent judgment of the High Court, it has been held that an individual who is resident abroad, but who is a director of a UK company, can be served with documents, ...

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Blog

State Street fine shows increasingly active FCA

Published on 10 February 2014. By Jake Hardy, Legal Director

On Friday 31 January 2013, the Financial Conduct Authority ("FCA") released its Final Notice in relation to an investigation of two of State Street's UK businesses.

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Blog

Supreme Court rules that two wrongs can make a right (to rectify)

04 February 2014

The Supreme Court has allowed an appeal to alter mirror wills, signed by the wrong testators, in order that the intended heir may inherit. In Marley v Rawlings and another[1], Lord Neuberger held that the wills should be rectified on the basis that a 'clerical error' had occurred.

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Blog

SPLIT TRIALS – does proportionality rule supreme?

03 February 2014

The case management of proceedings in the High Court is governed at all times by the overriding objective which is to enable the Court to deal with cases justly and at proportionate cost.

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Blog

Litigation privilege – a cautionary tale

Published on 20 January 2014. By Christopher Whitehouse, Associate

In Starbev GP Ltd v Interbrew Central European Holding BV [2013] EWHC 4038 (Comm), the Claimant, Starbev GP Ltd ("Starbev"), successfully challenged the claim of the Defendant, Interbrew Central European Holding BV ("ICEH"), to withhold inspection of two categories of documents on the ground of litigation privilege.

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Blog

Court of Appeal warns claimants to tread carefully when faced with multiple tortfeasors

08 January 2014

In Gladman Commercial Properties, the Court of Appeal has upheld a High Court decision to strike out a second claim, brought against joint tortfeasors who were not parties to an earlier claim which had been compromised by a settlement agreement.

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Blog

Court of Appeal emphasises importance of truthful pleadings

02 January 2014

The Court of Appeal has recently upheld the High Court’s decision in Makdessi –v- Cavendish Square[1] allowing committal proceedings for contempt of court to be brought against Mr Makdessi for making false statements in his pleadings.

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Blog

Fairness is key in a securities lending agent's communication with clients

18 December 2013

In AP-Fonden v Bank of New York Mellon SA/NV & Ors[1] the High Court considered the nature and extent of the duty of care owed by a securities lending agent when managing a client's portfolio.

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