In this blog post, I look at the likely practical impact for those negotiating corporate, construction and commercial contracts of the recent Supreme Court decision on the law relating to contractual penalty clauses. In the combined appeal of Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Ltd v Beavis, it is the Makdessi case which is of greatest interest to corporate lawyers. Continue reading

Cavendish Square v El Makdessi and ParkingEye v Beavis: application of the new penalty rule in practice

Legal advice privilege: not just for legal advice
A recent High Court decision has provided reassurance to both lawyers and clients as to the scope of legal advice privilege, after an earlier decision (by a different judge) in the same case had arguably suggested a narrower scope for LAP than had been generally accepted. Continue reading

An interview with Susan Dunn: part 3/4: crystal ball gazing
I was delighted to have the chance to put a few questions to Susan Dunn, co-founder of Harbour Litigation Funding, and a founding director of The Association of Litigation Funders in the UK.
In part 1 of my interview with Susan, she talked about her career and interests. In part 2, she gave some perspectives on litigation funding. In part 3, Susan considers what the future might hold for litigation funding. Finally, in part 4, Susan discusses the key challenges facing civil litigation in England and Wales, and the skills required to be an effective litigator. Continue reading