Searching Content indexed under Court Procedure by Barlow Lyde & Gilbert LLP ordered by Published Date Descending.
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Commercial Dispute Resolution Briefing | January 2011
This case constitutes a rare refusal by the English courts to enforce an international arbitration award and confirms that the English courts will consider afresh the validity of the arbitration agreement at the point of enforcement.
3 Feb 2011
Court Of Appeal Rejects Appeal For Extension Of Legal Privilege To Accountants
The Court of Appeal has given its judgment1 in the appeal by Prudential Plc ("Prudential") seeking judicial review in respect of the application of legal professional privilege ("LPP") to advice on legal matters relating to tax which had been obtained from their accountants.
21 Oct 2010
Litigation Trends – October 2010
The Ministry of Justice’s latest report on judicial and court activity in England and Wales for the year 2009 was published on 23 September 2010.
12 Oct 2010
Mesothelioma: Employers’ Liability Trigger Litigation
The judgment of the Court of Appeal in the combined appeals more commonly known as the Employers’ Liability Trigger Litigation was handed down today (8 October) by the Court of Appeal.
12 Oct 2010
Social Service Claims - A Handy Guide
You probably have all manner of discount and loyalty cards in your wallet or purse. Here is another sheet to put with them
15 Sep 2009
Bonus: Can An Employee Bring An Unlawful Deductions Claim?
Under section 23(1) of the Employment Rights Act 1996 ("ERA"), an employee can bring a claim for unlawful deductions in the employment tribunal, but only if the claim is for a quantifiable sum of wages.
14 May 2009
Social Service Claims After Pierce v Doncaster MBC, Court Of Appeal, December 2008
Considerable publicity has been generated by this case, including a headline piece in The Times headed "300 victims of abuse to sue councils for neglect", after this allegedly landmark ruling "established for the first time that local authorities are liable for abuse suffered by children if they fail to remove them from harm".
2 Apr 2009
Private Nuisance And Planning Permission
The Court of Appeal has awarded damages and an injunction to local residents affected by noise from a nearby racing circuit.
18 Feb 2009
“Salesman’s Opinion” Does Not Create Duty: JP Morgan Chase V Springwell Navigation Corp
Following the Court of Appeal’s ruling last year in IFE v Goldman Sachs, Gloster J’s detailed recent judgment in JP Morgan Chase Bank v Springwell Navigation Corporation [2008] EWHC 1186 (Comm) has affirmed the principle of caveat emptor in the capital markets.
26 Jun 2008
Costs - Sense And Sensitivity
Carver v BAA plc 2008 Court of Appeal. “The issue in this Appeal boils down quite simply to this: if a claimant beats a payment of money into court by a modest amount, even £1, has she obtained a judgment more advantageous than the defendant’s Part 36 Offer or is the court entitled to look at all the circumstances of the case in deciding where the balance of advantage lies?”
23 Apr 2008
New Guidance On What Constitutes "Personal Data"
The Information Commissioner's Office ("ICO") has recently issued technical guidance, entitled "Data Protection Technical Guidance: Determining what is personal data" ("the Guidance") for data protection purposes.
11 Dec 2007
The legal battle that has raged in recent months in relation to the actionability of pleural plaques is almost at an end. The House of Lords heard the appeals in "Rothwell v Chemical & Insulating Co Ltd" and a number of other cases in June 2007.
1 Nov 2007
Liability in flooding cases often hinges on the nature of the water channel in question. Usually the nature is easily established. However, this is not always the case.
17 Oct 2007
Events And Occurrences: Different Facts, Same Old Problems
The Roman Catholic Church in the United States has paid out hundreds of millions of dollars in settlements in respect of abuse claims over the last few years - a fair chunk being funded by insurers.
5 Jul 2007
Keep The Cash: Defendants No Longer Need To Pay Into Court Under Part 36
From 6 April 2007, defendants no longer need to pay a sum into court to support an offer to settle a money claim.
3 Apr 2007
Conflicts - A Policy Issue?
Insurers and insureds often have to consider more than disputes with a third party - the terms of the policy between the insured party and the insurers may mean that their interests can diverge. The terms of the policy may override the usual rules on privilege where the insurer is seeking documents from a third party.
1 Mar 2007
Scope Of Duty In Solicitors’ Negligence Cases - The Winners And Losers In 2006
The Court in Football League v edge ellison (2006) found that the solicitor advising the Football League on the sale of its broadcast rights to ITV Digital in 2000 did not have an implied duty to advise the League to consider seeking guarantees from ITV Digital’s ultimate parents, Carlton and Granada, in respect of the £315million payable under the contract.
22 Feb 2007
Court Of Appeal - Checking The Spiralling Costs Of Claimants’ Solicitors?
The rules relating to Conditional Fee Agreements ("CFAs") entered into post 1 November 2005 have now been relaxed.
24 Jan 2007
Challenging A Judge Or Arbitrator For Bias
The requirements for a challenge to a decision on the grounds of bias are the same irrespective of whether the challenge concerns a judge or an arbitrator. However, the approach taken by the courts is different when the challenge is to a judge rather than to an arbitrator. Both are, obviously, relevant to insurers.
18 Jan 2007
Workplace Safety And Health: Cabin Crew Personal Injury
Employers in Hong Kong should note a recent judgment of the Hong Kong Court of Final Appeal which has found that an employer can be liable for injury to an employee which has been caused by foreseeable negligence on the part of the employee.
5 Oct 2006
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