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Searching Content from UK indexed under Litigation, Mediation & Arbitration ordered by Published Date Descending.
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1
Court Of Appeal Reaffirms Strict Approach To Interpreting Contractual Claim Notifications
The Court of Appeal has held that a letter sent by a party to a share purchase agreement did not constitute a notice of a claim under tax covenants in the agreement.
UK
23 Aug 2019
2
The First PNF/AFA Common Guidelines
A welcome clarification regarding the expected behavior of companies and administrations under French criminal settlement procedures.
UK
23 Aug 2019
3
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
4
Court Of Appeal's Paradigm Shift On Rectification For Common Mistake: FSHC v. GLAS
The Court of Appeal has recently reversed a controversial line of case law on the rectification of contracts where both parties are mistaken as to the contract's legal effect.
UK
22 Aug 2019
5
Survey On Dispute Resolution Choices
The Singapore International Dispute Resolution Academy (SIDRA) has released the results of their survey on the use of dispute resolution mechanisms. The survey had responses from over
UK
22 Aug 2019
6
Was An Employer Vicariously Liable For Workplace Harassment Via Social Media?
Employers can be vicariously liable for the actions of employees under the Equality Act 2010 ('EqA'10'). The issue of vicarious liability for losses caused by the wrongdoing
UK
22 Aug 2019
7
The Basics: How To Enforce A Domestic Judgment In England & Wales
Whilst receiving a judgment in your favour may feel like the culmination of a potentially lengthy legal process, it may be just the first step (though an important one) on the path to financial recovery.
UK
21 Aug 2019
8
Technology In Mediations: Keep The Human Touch
In the latest of our alternative dispute resolution series for Construction Law, we consider the use of technology in mediations and recent advice for mediators on the topic
UK
21 Aug 2019
9
Mistakes Will Happen: English Court Of Appeal Clarifies The Test For Rectification For Common Mistake
The Court of Appeal has handed down judgment in the case of FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd, which concerned whether or not two deeds should be rectified on the basis
UK
20 Aug 2019
10
Open Sesame? UK Supreme Court Guidance On Non-Party Access To Court Documents
Non-party requests for trial documents filed in English High Court proceedings are the regular diet of English litigators advising US clients. A potential claimant (as we call the plaintiff)
UK
19 Aug 2019
11
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
12
The English Court's Approach To Service Of Documents On A State
London-based Partner Andrew Cannon and London-based Senior Associate Hannah Ambrose have authored an article for Lexis®PSL,
UK
19 Aug 2019
13
English High Court Sets Aside Award For Failure To Properly Cross-Examine A Witness On A Core Issue And Basing Its Decision On Matters Not Properly Argued By The Parties
In P v D [2019] EWHC 1277 (Comm), the English High Court set aside an arbitral award on the basis that the tribunal had reached a finding of fact on a core issue that had not properly
UK
19 Aug 2019
14
Inside Arbitration: Issue #8 Of The Publication From Herbert Smith Freehills' Global Arbitration Practice
We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice.
European Union
19 Aug 2019
15
Thumbs Up – A Company That Embeds The Like Button On Its Website Can Be Considered A Data Controller Jointly With Facebook
The Court of Justice of the European Union ("ECJ") has ruled that companies that embed the Facebook "Like" button (the "Like button") within their website pages can be considered as a joint data
UK
16 Aug 2019
16
Part Year Workers Gain Holiday Advantage
The recent Court of Appeal decision on holiday pay for part time, "part year" workers will put some part time employees in a more favourable position than full time employees when it comes to holiday
UK
16 Aug 2019
17
Do Approved Inspectors Owe A Duty Under S.1(1) Of The Defective Premises Act 1972 In The Exercise Of Their Building Control Functions?
Continuing in our series on the implications following the Grenfell Tower disaster, we consider the Court of Appeal judgment in The Lessees and Management Company of Herons Court v NHBC Building
UK
16 Aug 2019
18
But Life Isn't Fair….
Anyone who negotiates contracts for a living has their own personal war stories of dealing with other parties whose significant negotiating leverage meant they ended up accepting terms which in an ideal world they wouldn't.
UK
16 Aug 2019
19
FIDIC Golden Principles - Are They Too Precious?
FIDIC publishes a suite of contracts intended for use on international projects (often referred to as the Rainbow Suite). FIDIC has become concerned that its contracts are being heavily amended
UK
15 Aug 2019
20
G01/18: An Appeal Is Deemed ‘Not Filed' If The Appeal Fee Is Paid Late And/Or The Notice Of Appeal Is Filed Late
The decision of case G01/18 has recently been published in French by the EPO's Enlarged Board of Appeal (EBoA).
UK
15 Aug 2019
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