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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A Director’s Duty

18 March 2019

When a company is solvent, the primary duty imposed on directors is to promote the success of the company for the benefit of its shareholders. This duty is codified at section 172(1) of the Companies Act 2006. However, that position changes when a company is insolvent, or close to insolvency.

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Update on Litigation Privilege – Important lessons to be learnt

7 March 2019

In recent months we have seen a number of significant judgments regarding the scope of protection offered to litigants by legal privilege. In this article Leigh Callaway discusses the effect of those decisions and highlight some of the issues that parties should be aware of.

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Possible implications of a ‘No Deal’ Brexit for commercial contracts

19 February 2019

Despite a wealth of proposals, no clear majority has surfaced for any single legislative option in the House of Commons to manage the United Kingdom’s departure from the European Union (Brexit). As such, as an operation of law on 29 March 2019, without an agreed or managed exit (a No Deal), contracts, domestic and international, will need to be reviewed for their effectiveness. Here we explore the potential effects of a No Deal on typical contractual terms.

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