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Articles

Title Author Date
Case commentary in the Journal of Professional Negligence.
Clare Dixon
06/03/2014
Challenging debt claims: pay later and litigate now?
In this article, Shail Patel considers the effect of the anti set-off clause in loan documentation in light of recent Australian and English case law, in particular debtors’ attempts to outflank the clause.
Shail Patel
23/01/2014
Layard Horsfall Article: First judgment in a judicial review of the Legal Ombudsman
On 20 December 2013 judgment was handed down in the first judicial review of a decision of the Legal Ombudsman (“LeO”) to reach a substantive hearing. The judgment will be of interest to lawyers and complainants wishing to challenge unappealable decisions of LeO. It is particularly (though not only) relevant to LeO decisions which direct a reduction in fees. This is an area which, in view of the absence of a limit on the amount by which LeO can reduce fees, has caused particular controversy.
Richard O'Brien
03/01/2014
World Conference on Doping in Sport 2013
Daniel Saoul provides some perspectives on events in Johannesburg in November and on the changes introduced by the 2015 World Anti-Doping Code, in particular those dealing with inadvertent doping
Daniel Saoul
02/12/2013
Costs Newsletter: Six Months In
We are now six months into the Jackson reforms. Most would agree that it is really too early to tell what impact the reforms have had; with many of the reforms being subject to transitional arrangements which necessarily means that it will be towards the beginning of 2014 before we start seeing measurable impacts of the Jackson reforms. That having been said, the reforms have already injected a good deal of challenging questions into civil procedure generally.
Nicholas Bacon QC
Robert Marven
Stephen Innes
George McDonald
Daniel Saoul
Shail Patel
Philippa Manby
27/11/2013
Precedent H: When Form-Filling Really Matters
for DeNovo Law
Paul Fisher
27/11/2013
Commentary on the Court of Appeal decision in Fortress Value Recovery Fund v Blue Skye Special Opportunities Fund [2013] EWCA Civ 367; [2013] 2 All ER (Comm) 315; [2013] 1 Lloyd's Rep 606, which addresses the issue of how a right or benefit conferred by parties to a contract on a third party is to be enforced by the third party if the contract contained an arbitration clause. This article appeared in Butterworths Journal of International Banking and Financial Law 2013, 28(7), 421-423.
Hamid Khanbhai
25/10/2013
Cross Border Challenges
Summary: Explores some of the reasons behind the continuing popularity of England and Wales as a forum for the resolution of commercial disputes between foreign parties and discusses recent cases in which the English Courts have taken jurisdiction over disputes which have little or no connection with England and Wales.
Can Yeginsu
05/08/2013
Anneliese Day QC and Michael Ryan successfully defend TCC claim against Engineers for professional negligence
On 24 June 2013, Mr Justice Akenhead handed down judgment in Igloo Regeneration v Powell Williams Partnership [2013] EWHC 1718 (TCC). Anneliese Day QC and Michael Ryan acted for the successful defendant.
Hamid Khanbhai
17/07/2013
Elvanite Full Circle Limited v AMEC Earth & Environmental (UK) Limited [2013] EWHC 1191 (TCC)
On 24 May 2013 Mr Justice Coulson handed down judgment in Elvanite Full Circle Limited v AMEC Earth & Environmental (UK) Limited [2013] EWHC 1191 (TCC). Anneliese Day QC and Richard Liddell acted for the successful defendant.
Nicholas Broomfield
01/07/2013

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