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Dispute Resolution Update - May 2018

24 May 2018

Welcome to the May 2018 Dispute Resolution Update which brings you news and our views on law and practice for dispute resolution. We’ve included articles on domestic disputes and international disputes, including summaries of recent cases. We have also included client guides on key aspects of dispute resolution.

Articles in this edition 

Are documents generated in the course of an investigation protected by litigation privilege? - Two recent cases concerning the applicability of litigation privilege to documents generated in the course of investigations show that it is easier to obtain that protection where the investigation concerns a civil rather than criminal matter - Read more

Directors held to be trustees of company property - The Supreme Court has held that directors should be treated as being in possession of company property from the time of their appointment because, as fiduciary stewards, they are trustees of trust property within the meaning of section 21(1)(b) of the Limitation Act 1890 (“the Act”) - Read more

This is my advice. By the way, it might be wrong! - When do solicitors have to warn their client that the advice they are giving may turn out to be incorrect? The Court of Appeal has recently considered this issue - Read more

Service of a Claim Form by email – get it wrong at your peril - Communicating by e-mail is common practice. However unless you adhere to the procedural steps required by the Civil Procedure Rules service of a claim form by email will be defective. The Supreme Court’s decision considered whether to grant relief from sanctions to an unrepresented party for failing to adhere to the procedural steps - Read more

When the clock strikes midnight there is no more time to go to court! - In Matthew & Ors v Sedman & Ors [2017] EWHC 3527 (Ch) the court has had to decide when the limitation period ends on a claim where the cause of action arose on the stroke of midnight - Read more

Client Guides 

Jurisdiction Challenges - Read more

Mediation - Read more

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