A recent decision reminds parties about the need to draft dispute resolution clauses that are tailored to the parties’ agreement. By Oliver E. Browne and Duncan Graves The Court of Appeal recently ruled that an alternative dispute resolution (ADR) clause in a contract was unenforceable due to lack of clarity. The ruling signals to contracting … Continue Reading
The Court of Appeal ruled that losing proprietary rights under foreign law could invalidate personal claims against third party recipients of trust assets. By Daniel Smith and Anna James On 27 January 2022, the UK Court of Appeal unanimously dismissed an appeal brought by Saad Investments Company Limited (SICL) and its liquidators[1]. The court refused … Continue Reading
The decision clarifies the role of the English courts and the UK executive branch in the recognition of foreign heads of state and the ability of English courts to adjudicate the lawfulness of executive and legislative acts of foreign states. By Charles Claypoole, Isuru Devendra and Michelle Taylor The UK Supreme Court (UKSC) recently issued … Continue Reading
The judgment clarifies the Court’s approach to proposed transfers under Part VII of FSMA, as well as the scope and application of s. 110(1)(b). On 24 November 2021, the High Court of England and Wales (the Court) sanctioned a £10.1 billion annuity book transfer from The Prudential Assurance Company Limited (PAC) to Rothesay Life Plc … Continue Reading
The Court narrowly interprets dominant purpose to exempt general tax advice from legal privilege. By Oliver E. Browne and Clare Nida In Financial Reporting Council Ltd v Frasers Group Plc (formerly Sports Direct International Plc) [2020] EWHC 2607 (Ch), the High Court handed down the latest ruling in relation to the Financial Reporting Council’s (FRC) … Continue Reading
The Court ruled on the “dominant purpose” test and offered guidance on the status of multiparty emails, and attachments. By Oliver Browne and Clare Nida Two recent Court of Appeal judgments have sought to clarify, and offer practical guidance relating to, legal professional privilege. In Civil Aviation Authority v. R (on behalf of the application … Continue Reading
Court ruling confirms that online sales restrictions can amount to a serious infringement of competition law. By John D. Colahan and Anuj Ghai On 21 January 2020, the UK’s Court of Appeal ruled that the online sales restrictions contained in Ping’s internet sales policy (ISP) constituted a restriction of competition by object. The Court of … Continue Reading
The Court’s decision rested on whether the patents provided outstanding benefit to the employer’s undertaking. By Deborah J. Kirk and Catherine Marie Hughes On 23 October, the UK Supreme Court (UKSC) handed down its highly anticipated ruling in Shanks v Unilever [2019] UKSC 45 — the conclusion to an extensive campaign by Professor Shanks to … Continue Reading
Decision clarifies the court’s limit of discretion in departing from Part 36 cost consequence rules, even if a party behaved dishonestly. By Oliver Middleton The Court of Appeal has overturned a decision at first instance in which a claimant accused of dishonesty was punished by way having to pay not only the usual costs for … Continue Reading
