Test for “unambiguous impropriety” exception to without prejudice privilege clarified by Court of Appeal
4/2/2021 | Blogs & Articles
Test for "unambiguous impropriety" exception to without prejudice privilege clarified by Court of Appeal in
Big win for policyholders: Supreme Court’s ruling on the FCA’s Business Interruption Test Case
19/1/2021 | Blogs & Articles
After an appeal heard urgently under the “leapfrog” procedure, the Supreme Court handed down last Friday, 15th January 2020, a stunning victory...
Read MoreThe power of Part 36 and the Court’s discretion - Telefonica UK Ltd v The Office of Communications
12/1/2021 | Blogs & Articles
In our first blog of the New Year, we take a look at an interesting Court of Appeal decision from the latter half of 2020 that caught our eye and one...
Read MoreSubject to contract negotiations: Joanne Properties v Moneything Capital Ltd [2020] EWCA Civ 1541
15/12/2020 | Blogs & Articles
The "subject to contract" label should be used with caution, and parties should be careful to ensure that where it has been used, during any stage of...
Read MoreFinancial Conduct Authority v Arch Insurance (UK) Ltd and others [2020] EWHC 2448 (Comm) – Business Interruption Insurance and COVID-19
7/12/2020 | Blogs & Articles
We review the judgment of the High Court in Financial Conduct Authority v Arch Insurance (UK) Ltd and others [2020] EWHC 2448 (Comm) under the...
Read MoreWho Observes the Fair-Minded Observer? A Note on Halliburton v Chubb
4/12/2020 | Blogs & Articles
On 27 November 2020 the Supreme Court handed down its long awaited judgment in Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48,...
Read MoreThe ICC publishes its 2021 Arbitration Rules
23/10/2020 | Blogs & Articles
The 2021 Rules will apply to all arbitrations registered after the 1 January 2021, whilst the 2017 edition of the ICC Rules (the "2017 Rules") will...
Read MoreRecords set in International Chamber of Commerce’s (“ICC”) 2019 Dispute Resolution Statistics
9/9/2020 | Blogs & Articles
The ICC has recently published its 2019 Dispute Resolution Statistics for the cases administered by the ICC International Court of Arbitration in...
Read MoreThe LCIA publishes its 2020 Rules: A light-touch update to meet modern needs
13/8/2020 | Blogs & Articles
On 11 August 2020 the LCIA unveiled the long-awaited update to its Arbitration Rules (the '2020 Rules'). The 2020 Rules will become effective on 1...
Read MoreSevilleja (Respondent) v Marex Financial Ltd (Appellant) – Reflective Loss: a "will o' the wisp" ensnared
20/7/2020 | Blogs & Articles
On 15 July 2020, the Supreme Court allowed the appeal in Marex v Sevilleja UKSC 2018/0178, in the process providing much needed definition to the...
Read MoreAnti-suit injunctions: Lessons from Daiichi Chuo Kisen Kaisha v Chubb Seguros Brasil SA
10/7/2020 | Blogs & Articles
The recent case of Daiichi Chuo Kisen Kaisha v Chubb Seguros Brasil SA [2020] EWHC 1223 (Comm) provides an important reminder of the circumstances in...
Read MoreThe Risk in the Rescue: The Duties and Potential Liabilities of Monitors under the Corporate Insolvency and Governance Act
7/7/2020 | Blogs & Articles
The Corporate Insolvency and Governance Act has been raced through Parliament on an emergency basis in response to the COVID-19 pandemic, and came...
Read MoreCollateral Waivers and “Cherry Picking”– a recent update from PCP Capital Partners LLP v Barclays Bank Plc [2020] EWHC 1393 (Comm)
25/6/2020 | Blogs & Articles
Legal professional privilege is regarded as a fundamental right of the client to whom that privilege belongs. The loss of that privilege through...
Read MoreAdmissibility of without prejudice communications – piercing privilege
10/6/2020 | Blogs & Articles
In the recent case of Berkeley Square Holdings & Ors v Lancer Property Asset Management Ltd & Ors [2020] EWHC 1015 (Ch) the High Court provided a...
Read MoreThe Corporate Insolvency and Governance Bill: What it means for Directors and Creditors
3/6/2020 | Blogs & Articles
The Government has published the Corporate Insolvency and Governance Bill setting out the measures it intends to bring in to help businesses survive...
Read MoreEating Your Cake and Having It Too: The Equitable Doctrine of Approbation and Reprobation in MPB v LGK
29/5/2020 | Blogs & Articles
The proverb "You can’t have your cake and eat it too" makes more sense to some people in the reverse, and it was in fact first formulated in that...
Read MoreMastermelt Ltd v Siegfried Evionnaz SA: The return of the Italian torpedo?
12/5/2020 | Blogs & Articles
In a recent case before the High Court, Mastermelt Ltd v Siegfried Evionnaz SA [2020] EWHC 927 (QB), a dispute arose over whether the Swiss or...
Read MoreThe Suspension of Wrongful Trading Provisions and Directors’ Continuing Liabilities and Duties
27/4/2020 | Blogs & Articles
Amongst a set of far-reaching new measures designed to ease the pressures and impact of the COVID-19 pandemic on UK businesses, the UK Government...
Read MoreLocked down, but not out: How the Courts rose to COVID-19’s challenge
22/4/2020 | Blogs & Articles
"It will not be business as usual". These were the understated words employed by the Lord Chief Justice to herald the judicial system's impressive...
Read MoreCOVID-19 and its impact on International Arbitration: the show must go on
14/4/2020 | Blogs & Articles
Since our first COVID-related blog on 3 March 2020, events have moved rapidly all over the world as the global pandemic extends its reach into...
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