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  • English courts and overseas defendants: jurisdiction challenges and the “two-fold test”

    15 January 2018

    When 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.

  • Compulsory mediation?

    11 January 2018

    In October 2017 the Civil Justice Council (CJC) published its interim report on the future role of alternative approaches to dispute resolution (ADR). The report makes various recommendations as well as inviting responses. It follows input from a working group tasked in January 2017 to examine uptake of ADR in civil justice. The primary purpose of the report is to find ways to encourage its use.

  • Disclosure in English litigation: a sea change is coming

    09 January 2018

    English rules on disclosure (‘discovery’ in many jurisdictions) are set for a major overhaul. Draft rules were published in November 2017. Once approved by the Civil Procedure Rules Committee, the resulting draft is intended to be introduced as part of a pilot scheme lasting 2 years, potentially beginning in April 2018 and running in the Business and Property Courts. This will cover virtually all High Court litigation. It will not be optional.

  • Use of disclosed documents to threaten new proceedings was a breach of court rules and may amount to a contempt of court by the solicitor and client

    12 December 2017

    The Civil Procedure Rules (CPR) provide that using documents disclosed in existing proceedings (except for the specific purposes allowed) breach the rules. CPR 31.22 provides various exceptions to when a document disclosed in a set of proceedings may be used. Any use outside of the rules could also amount to a contempt of court. Both the client who relied on the solicitor’s advice and the solicitor may be equally vulnerable to the contempt proceedings where there is no evidence of deliberate or reckless misconduct by the solicitor.

  • Adam Glass comments for The Global Legal Post: 'Bell Pottinger goes into administration'

    Press

    13 September 2017

    Adam Glass, Litigation Partner, who advised the PRCA in relation to the Bell Pottinger investigation, has commented in an article for The Global Legal Post which reports on the recent announcement that PR firm Bell Pottinger has gone into administration.

  • Ali Vaziri writes for SuperyachtNews: Protecting Privacy at Sea

    Press

    25 July 2017

    Ali Vaziri, senior associate in Data & Privacy and Dispute Resolution, has written a piece for SuperyachtNews advising owners on how best to achieve ultimate privacy on board their vessels.

  • Service of a claim form on an agent - was it valid?

    22 June 2017

    In a recent case the High Court considered as a preliminary issue whether a claimant had validly served a claim form on what they considered was the agent of the claimant. The rules of service require that the defendant must be served at the place within the jurisdiction where it conducts business, or where it carries on its activities and which has a real connection with the claim. Therefore the question here was whether the agent’s office was a place at which the defendant conducted its business, or where it carried on its activities?

  • Marathon Asset misses the jackpot again

    12 April 2017

    After 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.

  • How to deal with Twitter spats: Katie Hopkins' expensive mistake

    Press

    04 April 2017

    Joint 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.

  • Court considers service of a defendant’s notice to force claimant to serve proceedings or discontinue a claim

    14 February 2017

    A 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.

  • Legal advice privilege: Not as wide as you think?

    08 February 2017

    Who 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.

  • Talk (Talk) is not cheap - record fine for data breach

    06 October 2016

    Speak of making an entrance. Within a few weeks of her new appointment as the new UK Information Commissioner, Elizabeth Denham has issued TalkTalk with a £400,000 monetary penalty notice, the biggest fine yet awarded by the ICO.

  • Attack or defend? Lessons on ambush marketing from Paddy Power

    Press

    13 June 2014

    Alex Kelham has recently had the article "Attack or defend? Lessons on ambush marketing from Paddy Power" published in Law in Sport.

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