The admissibility of passages in a position statement for mediation and the application of the established exceptions to the without prejudice (WP) rule were considered in the High Court decision in Berkeley Square Holdings and others v Lancer Property Asset Management Ltd and others. Continue reading
This blog discusses the recent judgment by Foxton J in Lakatamia Shipping Company Ltd and others v Su and others, highlighting difficulties for a judgment creditor in enforcing a multi-million dollar judgment against a former billionaire shipping magnate, who was willing to go to prison rather than reveal assets for enforcement. It discusses some wider issues stemming from the judgment, such as electronic tagging, and provides commentary on what it might mean for enforcement of judgments in the future. It queries whether the remedy of allowing access to email accounts interferes too much with the defendant’s privacy rights (notwithstanding the safeguards which were put in place), whilst not necessarily offering any practicable assurances for the claimant. It highlights an underlying concern of the enforceability of judgments as a policy issue.
The COVID-19 pandemic has brought with it huge challenges for businesses dealing with ever more difficult trading conditions, while trying to safeguard the health and safety of employees and customers. All of this against a background of rapidly changing law, regulation and guidance. Continue reading
If there was a date on which the realities of how COVID-19 was about turn the life of the nation upside down, Friday 13 March 2020 has to be the best candidate. Earlier that week, Leicester City had played Aston Villa on the Monday (Villa lost 4-0), the following day the Cheltenham Festival had begun its four days of horse racing, and by the Friday, thousands of Scottish rugby supporters were heading for Cardiff to witness their country’s first win against the Wales for a decade (or so they hoped). That match was “on” even though the Italy v England game scheduled to be played in Rome had already been called off. Then at about 2.00 pm, the Welsh Rugby Union decided that the match would not be played, the announcement following hot on the heels of the decision of the Football League that there would be no more Premiership football until 4 April. And when Pipe Dream cantered home to win the last race of the day, the 5.30 pm Handicap Hurdles at Cheltenham, that was it. The country’s sport was going into lockdown. Continue reading
The grim reaches of COVID-19 are affecting all corners of society in a way that few could have imagined even 12 weeks ago. With a vaccine deemed unlikely to be readily available this year, the mantra we will be getting used to over the next few weeks relates to the need to create a “new normal” way of living while this breakthrough is awaited. Continue reading
Judgment in Towergate Financial (Group) Ltd and others v Clark and others was handed down on 24 April 2020 in this interesting case that turned upon the correct construction of a notice clause in a share purchase agreement (SPA).
This was one of the first remote trials in the High Court, taking place over three days in early April 2020. For posts on the practicalities of that experience in this case follow these links, see Andrew’s blog on the solicitor’s perspective, and Matthew’s blog on the barrister’s point of view. Continue reading
The UK government has announced that no professional sport, even behind closed doors, will be staged in England until 1 June 2020 at the earliest. The government’s 50 page guidance document details how the country will ease its lockdown measures. Step two of that plan, which will not be allowed to start before 1 June, includes “permitting cultural and sporting events to take place behind closed doors for broadcast, while avoiding the risk of large-scale social contact”. Continue reading
I confess I was initially sceptical about the possibility of a remote mediation. It had always seemed to me essential to a successful mediation to get all the parties into one place and go through the hard yards of working through the issues, the rounds of negotiation, the impasse and then the breakthrough that characterises most mediations. How could this be achieved remotely? Continue reading
Here I look at three recent business cases involving capped costs, including the first two cases to be tried in the capped costs list pilot scheme and one in the Intellectual Property and Enterprise Court. Both are part of the Business and Property Courts of England and Wales (B&PCs). Continue reading
On 21 April 2020, Zacaroli J allowed an appeal brought against the decision of HHJ Saunders in Homes of England v Nick Sellman (Holdings) Limited. Continue reading