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Commercial Disputes

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Excluding liability (and avoiding judicial red ink)

28 March 2013

Exclusion clauses – by which a party excludes or restricts a liability or duty that would otherwise arise – are common 'boilerplate' provisions in commercial agreements.

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Successful lawsuit against bank in Singapore but appeal due

08 March 2013

In Deutsche Bank AG v Chang [2012] SGHC 248, the Singapore High Court has upheld a retail investor's claim that the bank owed a pre-contractual duty of care to advise him as to (among other things) the preservation of his new wealth, despite contractual disclaimer and estoppel points arising out of a subsequently signed service agreement with the bank.

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Substantively procedural: Delineating boundaries in cross-border litigation

14 February 2013

In a recent decision, the High Court has ruled that the manner in which expert evidence should be given is to be determined by reference to the procedural law of the forum and not the applicable, substantive law governing the dispute.1

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Going viral: Supreme Court on YouTube

06 February 2013

It has now been two weeks since the launch of the UK Supreme Court's YouTube channel.[1]

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Security Trustee – fiduciary or mortgagee?

Published on 06 February 2013. By Adam Forster, Senior Associate

The High Court has recently given judgment in a case* relating to the duties owed by a security trustee to mezzanine lenders, in circumstances where the security trustee is enforcing security on behalf of senior lenders.

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Court dismisses interest rate swap misselling case

Published on 29 January 2013. By Tom Hibbert, Partner

Green & Rowley v RBS1, the first reported case of its kind to come before the English court, saw Mr Green and Mr Rowley – property developers operating in a partnership (the "Claimants") – bring proceedings against the Royal Bank of Scotland (the "Bank"), alleging that they had been mis-sold an interest rate hedging product.

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The meaning of (commercial) words

21 January 2013

Arguing over the meaning of words is an archetypal lawyerly activity and one which litigators accustomed to disputes over contractual construction know all too well.

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Enforcing Insolvency Orders in England & Wales following Rubin v Eurofinance

17 January 2013

The UK Supreme Court judgment in the conjoined cases of Rubin and another v Eurofinance SA and others and New Cap Reinsurance Corporation (in Liquidation) and another v AE Grant and others [2012] UKSC 46, which provides vital clarification on the effect of foreign insolvency judgments on the UK courts.

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Injunctive relief in support of foreign proceedings: don't fall at the first hurdle

Published on 09 January 2013. By Daniel Wyatt, Senior Associate

Following RPC Commercial Litigation Blog post "Granting interim relief in support of foreign proceedings: the expediency test revisited",...

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Whose claim is it anyway?

05 December 2012

COURT HAS WIDE DISCRETION WHEN ADDING, REMOVING AND SUBSTITUTING PARTIES

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Granting interim relief in support of foreign proceedings: the expediency test revisited

Published on 03 December 2012. By Daniel Wyatt, Senior Associate

Will the English courts grant claimants a worldwide freezing order ("WFO") or other interim relief in support of foreign proceedings, even if a defendant has no assets in the jurisdiction?

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Guardian Care Homes v Barclays Bank PLC – LIBOR manipulation: update

09 November 2012

SERIOUSLY ARGUABLE CASE ON LIBOR-FIXING SURVIVES INTERLOCTUTORY STAGE

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Illegality – it's a question of proportionality

07 November 2012

The recent case of ParkingEye v Somerfield Stores Limited saw the Court of Appeal grapple with the impact of illegality in contracts.

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Counterclaims and Part 36 offers

23 August 2012

Picture the situation, your client is the Defendant in proceedings where it has asserted a large Counterclaim.

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The danger of sitting on your right to appeal

23 August 2012

Two recent Court of Appeal cases have illustrated that the courts will take a strict approach to unsuccessful litigants who bring appeals out of time.

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When should open justice be curtailed? Russian oligarchs learn the answer

Published on 07 August 2012. By Simon Hart, Partner

It is an important principle of civil justice that proceedings are ordinarily conducted in public in open Court.

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Beware of "settling" for standard form settlement wording

16 July 2012

The recent decision of the Court of Appeal in the case of Kazeminy v Siddiqi1 highlights the potential pitfalls that await parties who rely on standard form settlement wording to settle complex multi-party disputes.

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HMRC scores own goal in insolvency ruling regarding the Football League

26 June 2012

In HMRC v The Football League Ltd1 the High Court delivered judgement on the controversial "football creditor rule" operated by The Football League.

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A Defendant's Assets - What About Their Pension Fund?

23 May 2012

In the recent case of Blight and others v Brewster1, the High Court allowed a judgment debt to be enforced against part of a defendant's pension fund.

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Some Other Good Reason - Default Judgment and the Court's Discretion

30 April 2012

The Court can set aside default judgment where either: (a) the defendant has a real prospect of successfully defending the claim; or (b) it appears to the court that there is some other good reason why the judgment should be set aside or varied or the defendant should be allowed to defend the claim.

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