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Preparing to issue proceedings
Inbrief
26 April 2017This note provides general guidance on the steps to consider prior to embarking on litigation. There are a number of practical considerations that should be taken into account. The civil justice system in England expects parties to take a certain number of steps before issuing proceedings. This guide runs through these matters in outline.
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Time to add more defendants?
21 April 2017In a recent decision the Court of Appeal has had to decide whether a claim for accessory liability against various companies was time barred. Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) Anor v Sandoz Ltd & Anor [2017] EWCA Civ 22.
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Marathon Asset misses the jackpot again
12 April 2017After being awarded only £2 in nominal damages in its breach of confidence case, Marathon Asset has been heavily penalised on costs after failing to accept the defendants’ Part 36 offer.
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How to deal with Twitter spats: Katie Hopkins' expensive mistake
Press
04 April 2017Joint Managing Partner, Giles Crown, and Senior Associate, Oliver Fairhurst have written an article for The Lawyer Monthly which comments on Katie Hopkins' recent twitter spat turned libel battle with food blogger Jack Monroe.
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Court of Appeal confirms deterrent sentences for copyright infringement
30 March 2017In Regina v Evans the Court of Appeal has provided guidance on the appropriate level of sentencing for criminal offences under the Copyright, Designs and Patents Act 1988. The Court of Appeal confirmed that the sentence should have a deterrent effect.
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It’s obvious, patents are not child’s play!
28 March 2017In a recent decision the Intellectual Property Enterprise Court had to consider whether a patent for a children’s toy consisting of water soluble, fusible, translucent beads was merely an aesthetic creation, and therefore excluded from patentability and if not, whether the patent claims lacked an inventive step and were obvious. If the patent was valid, the Court also had to determine whether it was infringed by the Defendant’s product.
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Ten Creators, Makers & Innovators lawyers listed in Best Lawyers in the United Kingdom
Press Release
28 March 2017Lewis Silkin is pleased to announce that ten partners across the Creators, Makers & Innovators division have been listed in this year’s edition of Best Lawyers 2018 United Kingdom.
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Guideline on reduction in sentence for a guilty plea
16 March 2017The Sentencing Council for England and Wales has issued a new guideline. It applies equally in magistrates’ courts and the Crown Court, to all individual offenders aged 18 and older, and to organisations, in cases where the first hearing is after May 31 2017, regardless of the date of the offence.
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Bad timing for a counterclaim
27 February 2017The provisions of section 35(3) of the Limitation Act 1980 will not enable a defendant to bring counterclaim that would otherwise be time barred before the proceedings had commenced.
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Court considers service of a defendant’s notice to force claimant to serve proceedings or discontinue a claim
14 February 2017A recent decision not only reminds practitioners of a defendant’s ability to force a claimant to either serve proceedings or discontinue a claim by using a CPR 7.7(1) notice, but also considers for the first time the date for compliance with such a notice.
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Legal advice privilege: Not as wide as you think?
08 February 2017Who is a lawyer’s client and what type of communications are protected for the purposes of legal advice privilege have been the subject of two recent important High Court decisions. These cases make it clear that not all communications between lawyers and a client’s employees will be protected by legal advice privilege, even if the communication took place to allow legal advice to be given.
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Indemnity costs intended to have chilling effect
07 February 2017Court orders indemnity costs in recognition of the fact that litigation became “out of control” due to factors that were attributable to the conduct of the Claimants and their legal representatives and experts in the lead up to trial.
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Does a solicitor own the goodwill associated with their own name?
01 February 2017In (1) Juthika Bhayani and (2) Bhayani Law Limited v Taylor Bracewell LLP this question was considered by the Intellectual Property Enterprise Court.
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Employee claim to compensation under the Patents Act rejected
25 January 2017Employees may claim statutory compensation if they are responsible for a patent of “outstanding benefit” to their employer.
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Lewis Silkin’s Technology team boosted with new Dispute Resolution partner
Press Release
23 January 2017Top 100 UK law firm Lewis Silkin LLP today announces the addition of litigation partner, Andrew Wanambwa, to the firm’s growing technology and wider commercial teams.
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Dawn Raids: What to do
27 November 2016It is absolutely essential to have a procedure in place for dealing with Dawn Raids.
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Flowers fails to reign over Cardiff City Council but solidifies the importance of CPR 83.2- Landlords beware!
25 October 2016Lady Justice Arden and Lord Justice Briggs in the matter of Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034 (“Flowers”).
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Roundtable Mediation - Game of give and take
Press
06 October 2016Karen Baxter has been featured in an article on the use of mediation for The Law Society Gazette.
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Shiny talent, shady dealing: the case of Mauro Milanese v Leyton Orient Football Club
24 August 2016The fallout from senior level football terminations rarely extends to a trial in the High Court. Most disputes are settled or go to arbitration, which is a private process. Leyton Orient’s sacking of its Director of Football Mauro Milanese, however, prompted Milanese to sue the club for wrongful dismissal, and the case went to trial in March 2016. Judgment was given in May 2016.