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