Disputes and Litigation Publications

31 March 2014

Electronic databases and liens

In the recent case of Your Response Ltd v Datateam Business Media Ltd the Court of Appeal held that it was not possible to exercise a lien over an electronic database.

31 March 2014

Current insurance law reform

Many of the harsher features of insurance law are in the process of being reformed. We take a look at proposals of particular interest to businesses purchasing insurance.

25 March 2014

Financial Services Series – Issue 6

Welcome to the sixth instalment in our Financial Services Series (FSS#6). In this issue, we look at what a Skilled Person Report is, the circumstances in which the Regulators are likely to use them, and the practical issues arising in dealing with Skilled Persons and their Reports.

28 February 2014

Financial Services Series - Issue 5

Welcome to the fifth instalment in our Financial Services Series (FSS#5). In this month's bulletin, we look at interviews with the FCA and provide practical tips in the event that you are faced with a request or demand for an interview.

27 February 2014

Double insurance and indemnities

Businesses can find they have placed more than one insurance policy which could respond to an incident. Our insurance team takes a look at the general principles and the practical considerations. 

25 February 2014

Contempt of court

Corporate officers need to be aware when conducting litigation on behalf of the company that they may personally be made responsible, with criminal sanction, if they do not obey the court strictly.

24 February 2014

Quaystone newsletter – March 2014

Our construction and engineering newsletter highlights the Court of Appeal decisions that have particular relevance to the construction industry. We also provide an update on HSE's current thinking on the overhaul of CDM.

28 January 2014

Quaystone newsletter – February 2014

This month our Construction and Engineering newsletter focuses on intellectual property issues in construction.

27 January 2014

Financial Services Series – Issue 4

Welcome to the fourth in our Financial Services Series (FSS#4). In this issue, we focus on the FCA’s powers to request information from regulated firms. We provide some practical tips to efficiently manage information requests and highlight the key FCA sources of guidance and information.

06 January 2014

The Bribery Act 2010: SFO targets construction and energy industries

The construction and energy sectors will be subjected to a specific “sector sweep” anti-bribery investigation by the Serious Fraud Office after they were identified as being particularly vulnerable to economic crime. We take a closer look at The Bribery Act 2010 and highlight crucial steps to minimise the risks.

23 December 2013

Financial Services Series – Issue 3

Welcome to the third in our Financial Services Series (FSS#3). In this issue, we discuss the sanctions the FCA has at its disposal. We take a look at sanctions available to the Regulator, recent trends in this area and consider what the future might hold.

19 December 2013

Real Estate Disputes Case Review 2013

Our review of the most significant real estate disputes cases of the last 12 months. 

10 December 2013

Challenge the appointment of administrators

Can directors challenge an administrator’s appointment and is the defence of that challenge an expense of the administration?

06 December 2013

The National Crime Agency – a British FBI?

The Serious Organised Crime Agency has been replaced by a brand new institution, the National Crime Agency (NCA) as the UK’s national crime fighting agency targeting serious organised crime. Our Fraud and White Collar Crime team look at the NCA’s role in investigating and preventing economic crime.

29 November 2013

English Disclosure and the French Blocking Statute

The Court of Appeal recently handed down a judgment relating to three separate appeals concerning the interaction between a French law known as the “French Blocking Statute” and French companies’ disclosure obligations when involved in English litigation in the English Courts.

26 November 2013

Taking an interest in insurance

This article briefly describes how a third party can take an interest in insurance cover and certain key issues to look out for when doing so. We look at mechanisms such as noting an interest, loss payee clauses, and co-insurance, and highlight factors to consider when determining the appropriate protection.

25 November 2013

Financial Services Series – Issue 2

Welcome to the second in our Financial Services Series (FSS#2). This issue deals with the FCA’s enforcement powers and process, aiming to provide a user-friendly overview and practical tips for the smooth management of the regulated firm’s relationship with the FCA at each stage of the process.

22 November 2013

Should schools be liable for failings of third party contractors?

This was the question put to the Supreme Court in Woodland v Essex County Council [2013]UKSC 66. The unfortunate circumstances of the case involved a 10 year old schoolgirl who suffered severe brain damage during a swimming lesson organised by her maintained school but provided by a private contractor.

15 November 2013

Casino de Monte-Carlo fails in trademark infringement and passing-off claims

Jeremy Dickerson and Georgina Shaw have published an article in 'World Trademark Review Daily' on the recent claim by Casino de Monte-Carlo for trademark infringement and passing off, which was dismissed on both counts. This article first appeared on WTR Daily, part of World Trademark Review, in October 2013. 

24 October 2013

ISDA Arbitration Guide

In publishing its Arbitration Guide (September 2013), the ISDA has addressed a growing trend towards the use of arbitration as a means of resolving disputes in the financial services sector. Kari McCormick and Rupert Hyde comment in our latest dispute resolution briefing.

23 October 2013

How to settle disputes effectively – and what is Part 36?

Our Dispute Resolution team sets out a very simple overview for non-contentious lawyers of what litigation lawyers mean when they advise about settlement options in relation to an ongoing or potential dispute.

10 October 2013

Financial Services Series – Issue 1

Welcome to the first in our Financial Services Series, monthly bulletins for the regulated financial services sector dealing with important aspects of regulation. Over the course of the next 12 months, the intention is to provide practical tips for the smooth management of the regulated firm’s relationship with the FCA.

10 October 2013

The Bribery Act bites: steps businesses should take

The Bribery Act 2010 has lain in a slumber since its birth, three years ago. However, it appears finally to have stirred with the first prosecution being brought by the Serious Fraud Office. This note summarises the offences under the Act, what steps businesses should take and the currently available details on the SFO’s first prosecution.

10 October 2013

Deferred Prosecution Agreements available in 2014

Following closure of the Serious Fraud Office’s consultation on the use of Deferred Prosecution Agreements (DPAs), DPAs could be available to prosecutors as early as February 2014. Read our briefing for more information.

19 September 2013

Warranty and Indemnity Insurance and other Transaction Liability Insurance Products

As life has started to return to the M&A market following the global recession there has been an increased use of transaction liability insurance (TLI) products, such as Warranty & Indemnity (W&I) insurance, to help apportion risk on M&A deals. To find out more, please read our insurance briefing.

19 September 2013

Age, Partnerships and Undue Influence

A partner who has been forced or coerced into putting valuable personal property into a partnership may be able to convince a court to dissolve that partnership to retrieve some or all of the value. However, simply alleging old age and dyslexia is not enough to convince a court that the transfer was improper.

12 September 2013

Commercial Rent Arrears Recovery

As part of a wider reform of bailiff law and the rules relating to the enforcement of civil judgments, the government has long been intending to replace the current rules on distress for rent with a new statutory procedure known as Commercial Rent Arrears Recovery or CRAR. This briefing considers some of the key aspects of the new regime.

12 September 2013

Fire and Emergency Services – safety law applies in the firezone

The Fire Service, Police and other Emergency Services should ensure that they identify specific risks existing in the areas in which they operate. The Fire Service remains subject to Health and Safety law when putting its officers into dangerous situations.

09 September 2013

Rail: Market Access Infraction Proceedings

The European Court is continuing to clarify national obligations under European Railway liberalisation law in relation to charging, allocation, incentives to improve performance and the permitted structure of Infrastructure Managers and Railway Undertakings.

03 September 2013

All for one? Nash v Barnet LBC

A local authority has successfully defended a high-profile procurement on time limits, but the Court of Appeal chose not to deal with the requirements to consult. John Houlden, Chris Jackson and Ian Tucker analyse the key issues.

02 August 2013

New Coroner’s rules to streamline inquests now in force

New Coroner’s (Inquest) Rules came into force on 25 July 2013, marking the first significant overhaul to the coroner’s system in our lifetime.

30 July 2013

Judicial Review, Public Interest Immunity and Coroners

In the latest legal fallout from the death of the former Russian security agent, Alexander Litvinenko, the government has convinced the Administrative Court to exclude properly interested persons from participating in a Judicial Review relating to the release of documents.

09 July 2013

New time limit for procurement-related judicial review

Dissatisfied with a public procurement decision? The new time limit now in force leaves little time to do anything about it, with claimants being warned that it may be too late by the time a procurement decision is made.

03 July 2013

Olympic Airlines: Failed secondary insolvency proceedings

The Court of Appeal  has rejected an attempt by the trustees of a UK pension scheme to commence secondary insolvency proceedings in the UK to obtain statutory protection for the UK members of Olympic Airline's pension scheme after the Greek company's insolvency.

03 July 2013

Update: All monies guarantees – do what they say on the tin

Last November we reported on the High Court decision on National Merchant Buying Society Limited v Bellamy and another. This stated that a personal guarantee for "all sums which are now or may hereafter become owing" remained enforceable despite variations to the underlying commercial contract. 

25 June 2013

When is failing to document a settlement at mediation negligent?

Andrew Burnette and Georgina Shaw comment on a solicitor’s obligations to capture agreements in binding contracts and to advise a client when agreements reached are subject to later perfection.

10 June 2013

Anti-counterfeiting – World Trademark Review

Jeremy Dickerson, Emily Roberts and Georgina Shaw from our IP team give practical guidance to rights owners managing this relationship and subsequent legal action to protect products. This article first appeared in Anti-counterfeiting 2013 – A Global Guide, a supplement to World Trademark Review, published by The IP Media Group. To view in full, please go to www.worldtrademarkreview.com.

20 May 2013

Insurance update: Looking after coverage - May 2013

Insurance provides valuable protection at times of loss or threat. This briefing highlights some of the key points to look out for in a policy and provides advice on maximising insurance recoveries in times of need.

13 May 2013

Trust update - ‘Mistake’ saves the day for Mrs Pitt

The Supreme Court has handed down its judgment in the appeals against the Court of Appeal rulings in the jointly heard cases of Futter and another v HMRC; Pitt and another v HMRC ([2013] UKSC 26). This is an important decision for anyone involved in dealing with trusts and the adverse consequences of actions taken by trustees.

09 May 2013

Defamation Act 2013 receives Royal Assent

The Defamation Act 2013 received Royal Assent on 25 April 2013, following a long and hard-fought battle by a broad coalition of academics, journalists, scientists and lawyers campaigning for wide-ranging libel reforms.