Latest by Simon Hart

That's not fair (market value)

Published on 03 May 2018. By Christopher Whitehouse, Associate and Simon Hart, Partner

Court of Appeal rules on application of GMRA close-out provisions in a distressed market. Icelandic bank LBI ehf (LBI) appealed against the High Court decision in its case against Raiffeisen Bank International AG (RZB) regarding the interpretation of the term "fair market value" in the close-out provisions of a repo agreement. The Court of Appeal rejected LBI's arguments that "fair market value" should preclude the use of prices, quotations and other pricing evidence obtained in a distressed or illiquid market and dismissed the appeal.

Game theory and the art of litigation settlement (Part 3)

Published on 01 May 2018. By Christopher Whitehouse, Associate and Simon Hart, Partner

This article is the third in a series targeted at litigators that consider the issue of settlement in litigation through a game theoretical lens.

Game theory and the art of litigation settlement (Part 2)

Published on 25 April 2018. By Christopher Whitehouse, Associate and Simon Hart, Partner

This article is the second in a series targeted at litigators that consider the issue of settlement in litigation through a game theoretical lens.

Game theory and the art of litigation settlement

Published on 06 April 2018. By Christopher Whitehouse, Associate and Simon Hart, Partner

This article is the first in a series targeted at litigators that consider the issue of settlement in litigation through a mathematical lens.

Erith v Murphy – oral contracts & knowing who you are contracting with

Published on 19 October 2017. By Sarah Shaul, Associate and Simon Hart, Partner

Court of Appeal upholds Financial List decision on application of Rome Convention to derivative instruments

Published on 08 February 2017. By Charlotte Henschen (née Ducker), Senior Associate and Simon Hart, Partner

The Court of Appeal has upheld a decision from the first trial heard within the new Financial List regarding the application of the Rome Convention to derivative instruments.

High Court dismisses Libyan Investment Authority's claim against Goldman Sachs

Published on 17 November 2016. By Simon Hart, Partner and Sarah Shaul, Associate

The High Court dismissed the Libyan Investment Authority's claim against Goldman Sachs based on two causes of action, undue influence and unconscionable bargains, in relation to a series of transactions which the parties entered into (the Disputed Trades) between September 2007 and April 2008, causing the LIA to lose billions.

Acceptance or a counter-offer - what relevance are communications after the fact?

Published on 11 November 2016. By Christopher Whitehouse, Associate and Simon Hart, Partner

In Caroline Gibbs v Lakeside Developments the High Court held that an email purporting to accept a settlement offer but attaching a consent order specifying a different payment date was not an acceptance but a counter-offer.

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

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.

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.