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Searching Content indexed under Litigation, Mediation & Arbitration by Clyde & Co ordered by Published Date Descending.
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1
Nouveau coup dur pour les clauses de limitation de responsabilité au Québec
La Cour d'appel appuie de façon non équivoque la théorie de l'obligation essentielle laquelle permet, dans certaines circonstances, de rendre nulle une clause de limitation de responsabilité.
Canada
23 Sep 2019
2
Landmark Decision For Clyde & Co's Clients: Queensland Fisheries Participants
Today, the Supreme Court of Queensland handed down an important interlocutory decision in Murphy Operator & Ors v Gladstone Ports Corporation & Anor (No.4) [2019] QSC 228.
UK
20 Sep 2019
3
Legality Of Litigation Funding Agreements For Class Actions In Queensland Now Confirmed
Friday, 13 September 2019: Today, the Supreme Court of Queensland handed down a significant decision in relation the ongoing court proceedings
UK
20 Sep 2019
4
Solar Wars Part XI: The EC Strikes Back
Solar Wars Part X considered the continued willingness of arbitral tribunals to accept jurisdiction to hear claims under the Energy Charter Treaty (ECT) by EU investors against EU Member States.
UK
20 Sep 2019
5
Solar Wars Part X: The Force Is Strong With Investors
Previous Solar Wars articles explained how arbitral tribunals considering intra-EU claims under the Energy Charter Treaty (ECT) have consistently rejected the application of judgment.
UK
19 Sep 2019
6
Clyde & Co Expands Casualty Insurance Group With Partner Hire
Global law firm Clyde & Co has today announced the appointment of Estelle Machell as a partner in the firm's Casualty insurance team.
UK
16 Sep 2019
7
Whiplash And Small Claims Reform: Medical Report Consultation Concluded
The Ministry of Justice (MoJ) has issued its response to the consultation into "Future Provision of Medical Reports in Road Traffic Accident related personal injury claims".
UK
10 Sep 2019
8
Knock-For-Knock Liability - Does It Work In The German Market?
Due to the large number of offshore windfarm projects having already been completed or being under construction in the German Exclusive Economic Zone
UK
4 Sep 2019
9
Portal Claims Incubation: Implementation Of Stayed Claims Strategy
The leading case of Lyle v Allianz demonstrated the opportunity for insurers to seek appropriate remedies when there has been a potential abuse of the Practice Direction 8B process
UK
2 Sep 2019
10
English Court Refuses To Grant An Order Restraining A Firm Of Solicitors From Acting
Glencairn IP Holdings Ltd and another v Product Specialities Inc. (t/a Final Touch) and another [2019] EWHC 1733 (IPEC)
UK
30 Aug 2019
11
Costs: Nil Damages Offer Is A Valid Part 36 Offer
The High Court recently ruled that an offer to settle for nil damages can be considered a genuine Part 36 offer and subject to the usual costs consequences.
UK
30 Aug 2019
12
Bolam, Bolitho, And Back To The Future Of Clinical Negligence
Can a doctor really be liable for being ahead of their time when treating patients?
UK
29 Aug 2019
13
On The Brink Of Privacy Class Actions In Australia: All Eyes On Pending OAIC Determination
To date, there has been a relative shortage of privacy litigation being commenced against companies and government agencies, let alone any successful class action determinations through the Courts.
Australia
28 Aug 2019
14
A Year Of Privilege
Much has been written over the past year on developments or otherwise in the realm of legal professional privilege.
UK
27 Aug 2019
15
Scotland: Commencement Orders For Civil Litigation Act Expected In Coming Months
The question of when the provisions of the Civil Litigation (Expenses and Group Proceedings) Act will come into force looks set to be answered.
UK
23 Aug 2019
16
The Singapore Convention On Mediation – A Commitment To Multilateralism
On 7 August 2019, Singapore hosted the signing ceremony for the "Singapore Convention on Mediation" (the "Singapore Convention").
Singapore
22 Aug 2019
17
Patient's Secret Recording Reveals Nurse's Lack Of Candour
When a medical professional is repeatedly dishonest about their interactions with a patient, is their fitness to practise impaired on public protection grounds
UK
19 Aug 2019
18
Road Traffic: Liability Apportionment Where Claimant's Speed Was ‘Grossly Excessive'
The High Court has provided guidance on the apportionment of liability where the Claimant's speeding motorcycle collided with the Defendant, who was attempting to complete a right turn when exiting a car park.
UK
15 Aug 2019
19
Regulatory Hearings – No Right To Remain Silent?
Sometimes it is better for a registrant not to give evidence to a fitness to practise panel. And they can do so safe in the knowledge that the panel cannot draw any adverse inferences – until now.
UK
13 Aug 2019
20
Accommodation Claims: Roberts v Johnstone Challenge To Be Handled As Test Case
The Court of Appeal has adjourned the appeal hearing of Swift v Carpenter to allow the parties to file additional expert evidence.
UK
9 Aug 2019
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