Commercial Litigation

Last month the Law Society published guidance (found here) for solicitors, concerning civil and commercial cooperation between the UK and EU member states in the event of a “no deal” Brexit. In short, in the event that the UK exits the EU’s institutional structures immediately/without a transition period, cooperation between the legal regimes of the […]

Bou Simon v BGC Brokers LP: a salient reminder of the strict approach the court will take when deciding whether to imply a term into a contract. Hindsight is a wonderful thing – but irrelevant for interpreting contracts, say Sophia Purkis & Leigh Callaway The express written provisions of a contract are not, or at […]

Litigation partner Alexander Wildschütz discusses one of his recent cases highlighting the impact of invisible third party rights on creditors’ interests. Our client, a German bank, had obtained a judgment in the German courts against a former customer for the payment of €1.3m owed under various loan agreements. We quickly established that the debtor was […]

This quarterly round-up looks into some of the main regulatory developments and trends in fintech regulation during the third quarter of 2018. The previous briefings for 2018 can be found here and here. Regulation, regulation, regulation The much anticipated Treasury Committee report on crypto-assets in the UK was published in September.  The main takeaway is that […]

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 […]