Commercial Litigation

Affirming the scope of professional privilege, the Court of Appeal has confirmed that certain documents generated in internal investigations carried out prior to court proceedings are protected by litigation privilege. Its decision in The Directors of the Serious Fraud Office v Eurasian Natural Resources Corporation Limited[1] provides useful guidance on what investigative documents will be […]

In 2015, Zipporah Lisle-Mainwaring caught the attention of the Daily Mail when she painted her Kensington townhouse in a striking red and white candy stripe colour scheme.  The property was the subject of a long-running planning dispute between Ms Lisle-Mainwaring and her disgruntled neighbours who objected to her application to demolish the property.  The Daily […]

After the Event (ATE) insurance policies provide many advantages to parties to litigation. By providing cover for the adverse costs risks inherent in litigation and, in some cases, cover for the insured’s own costs and disbursements, ATE policies allow parties to have access to justice which they might otherwise be denied. Such policies may also […]

Legal proceedings and the documents they generate are often of interest to third parties. There may be public interest in these documents due to the subject matter of the proceedings or the proceedings may be relevant to private or commercial interests, for example those considering bringing similar claims against the same or related parties. While […]

As the deadline of 11.00 p.m. on 29 March 2019 creeps up on us, we wait nervously to find out if we will get “no deal”, a “bad deal” or the elusive “good deal”. Whatever the outcome, English law will be in a state of flux after the withdrawal as the English courts and legislature […]

In a recently published report, India Business Law Journal has identified the top international firms for work on major India-related matters. Fladgate is delighted to have been selected as a ‘regional & specialist firm’. Accompanying editorial within the report states: “UK law firm Fladgate assists Indian companies and high net worth individuals (HNWIs) on corporate […]

Following a fire at its premises, Goodlife Foods Limited (Goodlife) commenced proceedings against Hall Fire Protection Limited (Hall Fire) for breach of contract and/or negligence in the supply and installation of a fire suppression system. In its defence Hall Fire sought to rely on an exclusion of liability clause contained within its standard terms and […]

A recent interim judgment in the case of Accident Exchange Ltd & Anor v McLean & Ors [2018] EWHC 1533 (Comm) serves as an important reminder that parties seeking security should be proactive in their approach to enquiries of their counterparty and their financial circumstances, and that a delay in making an application for security […]

This quarterly round-up looks into some of the main regulatory developments and trends in fintech regulation during the second quarter of 2018. The previous edition of this briefing for January to March 2018 can be found here. Evolution of ICOs  The market for initial coin offerings (ICOs) continues to develop despite increased regulatory scrutiny. As […]

The English Court has issued a number of recent judgments in respect of arbitration matters and its supervisory powers under the Arbitration Act 1996  We summarise some of the more important decisions emerging, including those relating to “apparent bias” challenges against an arbitrator. Progas Energy Limited v Pakistan [2018] EWHC 209 (Comm) (9 February 2018) […]

In the recent case of Cultural Foundation (t/a American School of Dubai) & another v Beazley Furlonge Ltd & others, the court considered issues surrounding the notification of insurance claims, where a prospective claim had the potential to fall within two separate notification periods. The case concerned professional indemnity insurance policies that provided insurance to […]

We now live in a world where identify theft is commonplace and fraudsters are becoming increasingly sophisticated in their pursuit of unsuspecting victims as modern technology helps to facilitate their dastardly deeds. The recent cases of Dreamvar (UK) Ltd v Mishcon de Reya (Dreamvar) and P&P Property Ltd v Owen White and Catlin LLP (P&P) […]