Commercial Litigation

Well, not quite shock. Two cases from November 2016, from different divisions of the High Court, have stood out as providing specific advice, or more accurately warnings, to contract drafters, be they solicitors or not. The cases concern very different industries, but each contain an important message to contract drafters and clients: in all elements […]

Fladgate congratulates the following partners on their inclusion as “Leaders in their Field” in the 2017 edition of Chambers Global, the guide to the world’s best lawyers. Individuals are ranked after extensive research by the Chambers team with opinions sought from clients, peers, referees and competitors. Germany Corporate/M&A (Expertise Based Abroad) Alex Kaufmann of Fladgate […]

The recent case of Glenn demonstrates that while privilege and confidentiality may overlap, they are separate concepts. Confidentiality of documents, information, and witness evidence may be the source of significant dispute between litigating parties. Disclosure of confidential information was recently considered in Glenn and another v Watson and others [2016] EWHC 3259 (and associated claims). […]

The Fladgate Sports Business Group is delighted to announce its sponsorship of SportsPro Live 2017: Pushing the boundaries of sport. This year’s event will focus on the forces reshaping the industry, including: technologies that are changing the way people watch and play sport; emerging markets and investors who are creating new centres of power and […]

The Fladgate Sports Business Group is delighted to announce its sponsorship of SportsPro Live 2017: Pushing the boundaries of sport. This year’s event will focus on the forces reshaping the industry, including: technologies that are changing the way people watch and play sport; emerging markets and investors who are creating new centres of power and […]

Introduction The Technology and Construction Court (TCC) recently issued a reminder that adjudication is not the ‘Wild West’ of dispute resolution. Giving judgment in Beumer v Vinci [2016] EWHC 2283 (TCC), Fraser J recapped that adjudicators must comply with the requirements of natural justice. The requirements of natural justice are commonly expressed as two separate […]

Property Alliance Group (PAG) brought a claim against The Royal Bank of Scotland plc (RBS) for misrepresentation of four interest rate swaps entered into between 2004 and 2008.  Whilst there have been no judgments on the substantive claims, the disclosure process has led to a number of interesting decisions; one of the most recent discusses […]

The Civil Justice Council’s Civil Litigation Review Working Group has released a report on the rarely used provisions in the CPR for “hot-tubbing” expert witnesses.  Hot-tubbing was introduced in 2013 as part of the Jackson reforms.  It involves judge-led questioning and the court hearing concurrent evidence from experts in a particular field. The working group […]

Sarah Charig considers what effect the shorter and flexible trial schemes have had on practice As is well known, the growing cost of litigation and the delays to court availability have become a great cause of frustration, turning parties to alternative forums. It has, however, been just over a year since two pilot schemes were […]

The Supreme Court clarified the contractual penalty rule in a decision on appeals, Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Limited v Beavis.  The Supreme Court held that the underlying rationale for the rule had been misunderstood and the established test was applied over-literally and poorly adapted to modern commerce.  The Supreme Court […]

Fladgate LLP is delighted that litigation associate Leigh Callaway has been elected president of the Junior London Solicitors Litigation Association for a two-year term. The Junior LSLA was created in Summer 2011 to represent the interests of junior civil litigators in London, to provide an environment for learning and social interaction, and to assist junior […]

The Supreme Court clarified the contractual penalty rule in a decision on appeals, Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Limited v Beavis.  The Supreme Court held that the underlying rationale for the rule had been misunderstood and the established test was applied over-literally and poorly adapted to modern commerce.  The Supreme Court […]