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Commercial Disputes


High Court dismisses claimants' application for an independent re-review of defendants' disclosure

Published on 16 August 2016. By Alexis Armitage, Associate and Davina Given, Partner

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In a dispute about the treatment of protestors at copper mines in Peru, the English High Court reinforced the breadth of the test for disclosure and held that it has the power to order a party to appoint a separate law firm to conduct an independent re-review of its disclosure.

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Technology assisted review in English civil proceedings: the exception or the norm?

Published on 10 August 2016. By Daniel Wyatt, Senior Associate and Simon Hart, Partner

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Hot on the heels of its first endorsement of the use of predictive coding in the widely publicised Pyrrho decision in February 2016, the English court has recently given judgment ordering the use of predictive coding in circumstances where its use was opposed by one party.

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Court of Appeal considers effectiveness of "in writing" variation clause

Published on 04 August 2016. By Simon Hart, Partner

In this case, the Court of Appeal was asked to consider the correct contractual interpretation of a long-term supply agreement. In its judgment, the Court of Appeal indicated, obiter, that including an 'in-writing only' variation clause in a contract would not prevent subsequent variation of the contract orally or by conduct in certain circumstances.

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Collective redress and class actions regimes – from the US to Asia

03 August 2016

Antony Sassi - Partner, Asia - reviews the recent introduction of class action regimes in Asia and discusses why this changed litigation landscape is important for insurers.

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The "purpose" means the "dominant purpose"

Published on 02 August 2016. By Ed Holmes, Associate and Tim Brown, Partner

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The Court of Appeal has recently dismissed an appeal in relation to the interpretation of a clause referring to "the purpose" of a transaction.

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Follow the money

27 July 2016

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How do you get your money back from a potential fraudster who has siphoned the money off into planes, luxury houses abroad and mysterious accounts? The English courts have a broad range of remedies available to help.

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High Court allows claim against foreign subsidiary and English parent company to be heard in the UK

Published on 13 July 2016. By Chris Ross, Partner and Simon Hart, Partner

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The High Court has rejected applications by an English parent company and its Zambian subsidiary that claims brought against them in London should be dismissed in favour of proceedings taking place in Zambia.

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"Mis-selling" claim fails on appeal in Hong Kong

Published on 12 July 2016. By Jonathan Cary, Partner

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Hong Kong Court of Appeal confirms challenges in bringing mis-selling claims against banks and financial intermediaries.

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Pre-judgment interest rate – prime plus 1%

Published on 30 June 2016. By Antony Sassi, Partner

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In May 2016 the Court of Appeal in Hong Kong handed down three consistent decisions confirming that (among other things) prime rate plus 1% should continue to be used as the starting point for awarding pre-judgment interest on damages awarded by the courts in civil disputes.

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Pension Deed rectified by Summary Judgment without a hearing

Published on 29 June 2016. By Alan Williams, Senior Associate and Geraldine Elliott, Partner

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The High Court has recently granted summary judgment for rectification of a trust deed without a hearing. The judge did this "in such plain circumstances" where the evidence demonstrated that there was "no real prospect of a realistic challenge" to the position that the final version of the deed should have been executed, not an earlier draft.

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