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Oliver Fairhurst gives his perspective on responding to a crisis
24 May 2022The legal implications of a negative reputational issue
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“A net from which there is no escape”: takeaways from recent cases on dishonesty and conspiracy
11 October 2021The case of Lakatamia Shipping Co Limited v Nobu Su is one of a number of recent judgments to grapple with questions of honesty and credibility.
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New rules on witness statements in force from 6 April 2021
09 March 2021The Civil Procedure Rule Committee has approved new rules on preparing trial witness statements of fact in the Business and Property Courts of England and Wales (i.e. the Chancery Division, the Commercial Court, Circuit Commercial Court, Financial List). The new rules apply to trial witness statements signed on or after 6 April 2021 (with certain exceptions) and will have a significant impact. Parties and their advisers need to become familiar with the changes now for any trial statements that may already be in progress.
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Dispute Resolution Update - October 2020
16 October 2020Welcome to our October 2020 Dispute Resolution Update which collates some of our recent insights. We will be hosting our next dispute resolution webinar on the 5th November 'Trading through the pandemic: insolvency issues, risk and contractual performance.' You can find registration instructions here. Thank you for reading the October Dispute Resolution Update.
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Covert recordings – does use in court justify the risk?
13 October 2020With the ubiquity of smartphones, most people have the ability secretly to record a conversation or meeting, but in the context of proceedings before the court in England, key questions are: will the court allow covert recordings to be used as evidence? And will the maker of the recording risk liability to claims from the people recorded?
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Dispute Resolution Update - July 2020
20 July 2020Welcome to our July 2020 Dispute Resolution Update. We've included articles on a range of issues, including features on Covid-19, Professional Services and Sports Disputes. Since our last Update, Covid-19 and the enforced lockdown has turned life upside down for many businesses and individuals. As the world has adjusted, contentious issues have started to emerge. Not only can we help resolve such issues once they arise, we can also work with you to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Paula Barry.
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Important new case on disclosure, but has anyone noticed?
28 April 2020Given the dominance of the coronavirus over all aspects of life, including the law, it would be easy to miss the appearance of a new case about one of the basics of litigation.
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Legal Professional Privilege Update
21 April 2020This guide is intended to provide a brief overview of legal professional privilege. It identifies some practical steps which will help to maintain privilege and concludes with a privilege “flowchart” and table of commonly used terms.
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Dispute Resolution Update - March 2020
12 March 2020Welcome to our March 2020 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise, we also work with our clients to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Rachel Rooksby.
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Dispute Resolution Update - January 2020
16 January 2020Welcome to our January 2020 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise, we also work with our clients to reduce the risk of litigation. If you have any feedback, comments or queries let us know by contacting Rachel Rooksby.
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Without Prejudice and Without Prejudice Save as to Costs – Reasons to be Careful
21 November 2019The judgment in Sternberg Reed Solicitors v Andrew Paul Harrison [2019] EWHC 2065 (Ch) has put practitioners on notice that mislabelling without prejudice correspondence may have serious implications.
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“Once privileged, always privileged”
24 October 2019The Court of Appeal has held that legal advice privilege attaching to communications between a company client and its lawyers survived the dissolution of the company client, even where the Crown had disclaimed its interest in the documents concerned.
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Dispute Resolution Update - October 2019
10 October 2019Welcome to our October 2019 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise but we also work with our clients to reduce the risk of litigation.
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New court rules: media claims on the move
01 October 2019From today, 1 October 2019, all High Court claims that include a claim for defamation, misuse of private information, data protection and/or harassment by publication must be issued in the Media and Communications List (“the List”) in the Queen’s Bench Division. A claim that involves the publication or threatened publication of information via the media, online, or the activities of the media may also be issued in the List.
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Privilege disapplied: the “iniquity” exception
06 August 2019In an application brought by a hotel portfolio company (in liquidation) for a declaration that it was entitled to disclose a number of documents within its possession, the High Court has considered when the “iniquity” exception will apply to legal professional privilege. So what is the iniquity exception and what does a party need to establish in order to rely on it?
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Dispute Resolution Update - July 2019
10 July 2019Welcome to our July 2019 Dispute Resolution Update. We’ve included articles on a range of disputes, including summaries of recent cases and guides on key aspects of dispute resolution. With an increasingly globalised and fast changing environment, disputes are an inevitable part of business. Not only can we help resolve disputes once they arise but we also work with our clients to reduce the risk of litigation.
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Lachaux: defamation clients must prove “serious harm”
17 June 2019Has a statement about you caused you serious harm? That is the question posed by section 1 of the Defamation Act 2013, which has been the subject of a long running defamation claim brought against the publishers of the Evening Standard, the Independent and the Huffington Post. The Supreme Court has now delivered its judgment on the interpretation of section 1, which has significant implications for the media industry.
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Court of Appeal allows inspection of documents despite the risk of foreign prosecution
07 May 2019The Iranian bank, Bank Mellat, has lost its Court of Appeal bid to withhold customer documents from inspection in the English Courts despite the risk that this may expose the bank to prosecution in Iran.
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Dispute Resolution Update - April 2019
24 April 2019Welcome to our April 2019 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.
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Going out on a limb - English courts and overseas defendants: jurisdiction challenges and the “three limb” test
06 February 2019When a dispute involves a foreign party or events that took place in another jurisdiction, questions often arise as to where the dispute should be determined. The forum in which the dispute is determined can make a great deal of difference. It is therefore important for potential litigants to know where they can commence proceedings and whether they can resist claims brought against them in the “wrong” jurisdiction. In a recent case the English Court of Appeal considered the test that will apply when deciding whether to permit a claimant to sue a “foreign” defendant in this jurisdiction. This article was originally published in the Commercial Litigation Journal in the March/April edition.