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24 August 2016
The 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.
16 August 2016
Without prejudice privilege (“WP privilege”) allows parties to a dispute to try to settle their differences without their discussions being revealed to the court, and potentially to the public.
21 March 2016
Today, 21 March 2016, HHJ Pelling handed down his judgment in relation to the account of profits element of the long-running dispute between Jack Wills and House of Fraser over the use of a logo consisting of a pigeon with a top-hat and bow-tie on some of its own-brand “Linea” products. The logo was found by Mr Justice Arnold to infringe Jack Wills’ rights in its “Mr. Wills” pheasant with a top-hat and a cane.
Highly unattractive: Court criticises complaints raised for the first time when resisting enforcement04 February 2016
The Commercial Court denied an application to resist enforcement and recognition of a French judgment on the basis of public policy. The court reiterated the exceptional nature of the public policy carve out in the Brussels Regulation (44/2001) particularly in circumstances where the grounds relied on by the applicant could have been raised in the foreign court itself.
01 February 2016
Following a breach of contract, the innocent party is usually entitled to damages. Broadly speaking these are set at a level required to put them in the position they would have been had the contract been performed properly. However, there is no entitlement to recover for avoidable loss and so this gives rise to what is sometimes referred to as a “duty” to take all reasonable steps to mitigate one’s loss. If the steps taken increase the loss overall, the increased figure is recoverable. On the other hand, if steps taken in mitigation are successful, the wrongdoer is entitled to the benefit accruing and their liability is for the resulting loss as lessened. But what happens when the claimant’s steps to mitigate are so effective that he makes a profit, wiping out any loss arising from the breach?
25 January 2016
Without prejudice privilege is founded upon public policy. It serves to encourage litigants to settle their differences. Its effect is to exclude all negotiations genuinely aimed at settlement (whether oral or in writing) from being referred to at trial. Solicitors will often head negotiating correspondence “without prejudice” yet protection is not dependent upon use of the label. It is often misused and arises automatically in appropriate circumstances. So what happens when no label is used and attendees of a meeting later disagree as to its status?
What’s obvious to some is not obvious to all: Supreme Court espouses a conservative approach to implied terms18 January 2016
“Rent” is what a tenant pays to occupy premises – agreed? So you might think it was “obvious” that a tenant shouldn’t pay rent for any period after the tenancy terminates – e.g. in circumstances where a tenant validly terminates the lease early. If you think that, you were in good company and indeed many landlords would voluntarily reimburse rent paid for the period after the termination date even where the lease did not expressly require this. Why? – because it was it was the right thing to do, obviously!
30 November 2015
In Jong v HSBC Private Bank (Monaco) SA  EWCA Civ 1057, the Court of Appeal upheld the decision of HHJ Purle QC not to override an exclusive jurisdiction clause, setting out the factors to be balanced in the exercise of the court's discretion.
26 November 2015
On 12 November 2015, in Sharp & Others v Blank & Others  EWHC 3220 (Ch), Mr Justice Nugee handed down his latest judgment in litigation between the directors and shareholders of Lloyds Bank. His decision is of interest to directors and shareholders alike. It re-affirms the scope of duties owed by directors to shareholders, as well as the approach to be adopted when assessing them.
Press28 July 2015
Lewis Silkin has successfully defended its client Trust Risk Group S.p.A. (“TRG”) against an anti-arbitration injunction brought by AmTrust Europe Limited (“AmTrust”).
Press26 December 2014
Fergus Payne has written an article for The Law Society Gazette.
Press20 November 2014
Clive Greenwood has been quoted in an article exploring the new opportunities for chartered accountants in legal services - published on the 'economia' website.
Press30 October 2014
Clive Greenwood has been quoted in an article by Legal Futures regarding the former Halliwells partners court win.
Lewis Silkin successfully represents Save China’s Tigers interests in divorce proceedings between Li Quan and Stuart Bray
Press29 October 2014
Lewis Silkin has successfully represented its client Save China’s Tigers (a registered UK charity) in its bid to protect assets held for its benefit by a Mauritian trust called The Chinese Tigers South African Trust (“CTSAT”). The charity was added as a party to divorce proceedings between Ms Li Quan and Mr Stuart Bray in order to assert its rights.
Press28 October 2014
Mark Lim has been quoted in an Article by PR Newswire regarding the exoneration of Save China's Tigers in UK High Court.
Press24 April 2014
Fergus Payne has been quoted in an article by The Times on the consequences of partnership tax changes.
Press15 October 2013
In an article written for The Guardian's Housing Network, Paul Hayes discusses key aspects of the new act as well as raising questions that the act, designed to crack down on the estimates 100,000 social housing properties subject to fraud, leaves unanswered.
Press28 May 2013
Fergus Payne, Joint Head of our Partnerships and LLP team, recently spoke at the APP (Association of Partnership Practitioners) AGM. A synopsis of his pre-dinner speech was included in the most recent APP newsletter and is available to read in this article.
Press07 February 2013
Paul Hayes encourages Housing Officers to be aware of the recently outlined principles for Article 8 defences, citing a recent case, in an article for Inside Housing.