Latest by Laura Martin

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Court refuses stay in favour of Italian proceedings under 2001 Brussels Regulation

Published on 06 November 2015. By Laura Martin, Senior Associate and Parham Kouchikali, Partner

The Commercial Court has declined to stay an English action[1] in favour of prior proceedings in Italy, notwithstanding the fact that the dispute pre-dated the application of the Recast Regulation.

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Limiting liability in standard terms: cause for concern?

Published on 03 August 2015. By Laura Martin, Senior Associate and Davina Given, Partner

Practitioners may wish to reconsider their approach to drafting standard terms after the High Court found that various limitation of liability clauses in standard term business-to-business contracts were unreasonable under the Unfair Contract Terms Act 1977 (UCTA)[1].

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Court of Appeal rules on liability of partner unaware of fiduciary breach of another partner

Published on 27 July 2015. By Laura Martin, Senior Associate and Tim Brown, Partner

Court of Appeal reverses decision of lower Court to find that a partner who had been unaware of the wrongful conduct of the second partner in a business was nonetheless jointly and severally liable for the defaulting partner's liability to a third party for breach of fiduciary duty.

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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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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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