The end of the blame game – the arrival of no fault divorce

9 April 2019

David Gauke the Justice Secretary has today pledged that the new divorce law, which will be based on “no fault”, will be introduced within three months

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‘Secret’ Commissions

5 April 2019

When does a broker owe fiduciary duties, and when should the amount of commission payments be disclosed? Tom Bolam and Alex Taylor summarise the recent guidance handed down by the Court of Appeal.

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Non-Party Allowed Access to Court Documents for use in Arbitration

5 April 2019

In a potential controversial decision, the Commercial Court has granted a third party the right to access copies of documents disclosed in High Court litigation to remove an arbitrator, despite the usual confidentiality of arbitration proceedings.

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When the Clock Strikes Midnight

5 April 2019

When a cause of action is completely constituted at the very first moment of a particular day, does that day fall to be included when calculating the applicable limitation period or excluded?

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“Hand it over” – Party Ordered to Disclose Documents Despite Risk of Criminal Penalties

5 April 2019

In Bank Mellat v Her Majesty’s Treasury, the Court of Appeal ordered a party to provide disclosure of documents, notwithstanding that doing so exposed the party to the risk of foreign criminal proceedings.

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It’s not over ‘till it’s over – Settlement and Limitation

5 April 2019

Settlement is not always the end, and breaches of settlement terms are not uncommon. Parties should be aware that limitation periods may apply to claims for breach of a settlement agreement.

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Data Protection – A year’s worth of challenges and threats

18 March 2019

Leigh Callaway and Gerald Brent examine the major issues which have been cropping up continually over the past year.

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Frustrated by Brexit?

18 March 2019

Whatever your views on Brexit and whether the UK should leave or remain and on what terms, Brexit seems a source of frustration for many people.  The question that the court had to decide was: can a contract be frustrated because of Brexit? 

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It is not just named parties that can sue under a contract…

18 March 2019

In Filatona Trading Ltd and another v Navigator Equities Ltd and others the Court held that an LCIA arbitral tribunal did not exceed the scope of its powers in ordering relief that was not available to an English court.

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Supreme Court takes chance to clarify law on loss of chance

18 March 2019

In Perry v Raleys Solicitors the Supreme Court has provided important guidance on how “loss of chance” professional negligence cases should be approached.

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