News & Events
News & Events
In this vlog, Stephen Butler and Teresa Rosen Peacocke discuss the implications of a recent Court of Appeal judgment covering the jurisdiction of the English Courts to make orders in support of foreign arbitration proceedings. Teresa Rosen Peacocke successfully represented the appellant. Welcome back to ‘Ask a Silk’. These videos are short and digestible vlogs, normally in the form of a Q&A between a silk or senior barrister and a junior in chambers about a recent case, piece of legislation or other topical areas of commercial law. Teresa Rosen Peacocke is an eminent barrister with 40 years experience and successfully represented the appellant in the case of A and B v C, D and E. A and B v C, D…
Webinars 11 Mar, 2021
With a new administration, John McKendrick QC and Sophie O’Sullivan consider what effect this key shift in US values will have on its sanctions policy. From his inaugural address in January 2021 calling for “unity not division”, President Biden has already sought to characterise his Administration as one which will embrace multilateralism and global co-operation. Biden’s promise that the USA “will repair our alliances and engage with the world once again” was both a declaration of his own political ideology and a clear rejection of his predecessor’s core mantra and foreign policy (or lack of) model of ‘America First’. What effect will this key shift in US values have on its sanctions policy? In this article, John McKendrick QC and…
Insights 11 Mar, 2021
In this article, Peter Linstead considers the use of applications for orders permitting a search of a defendant’s computers and electronic devices, including why they are useful and also their limitations. Applications for orders permitting a search of a defendant’s computers and electronic devices are routinely sought in cases involving employee competition and claims based on the misappropriation of IP. This is commonly at the outset of proceedings, in tandem with an interim injunction application. The High Court has been receptive to these applications in the last few years, to varying degrees. This article considers the reasons for, and the limits of, these applications, including a recent pronouncement on the relevant principles by the Court of Appeal. Peter’s article can…
Insights 11 Mar, 2021
Andrew Spink QC and Helen Pugh signpost the potential impacts of the Pensions Scheme Act 2021 on restructurings. The Pension Schemes Act 2021 (‘the Act’) addresses a number of critical areas concerning pensions, and importantly brings about a number of significant changes. The focus of this briefing note is upon 4 key areas relevant to restructurings: The creation of two new criminal offences with penalties of up to 7 years’ imprisonment and an unlimited fine; Mirror civil liability with penalties of up to £1m; The expansion of the existing contribution notice/ moral hazard powers of the Pensions Regulator (‘TPR’); The expansion of notification requirements for certain corporate activity. Whilst the Act received Royal Assent on 11 February 2021, it is…
Insights 10 Mar, 2021
We are delighted to announce that Anthony Lo Surdo SC has been appointed by the Attorney-General of New South Wales as a part-time Senior Member of the New South Wales Civil and Administrative Tribunal. Anthony was appointed to this position in December 2020 and is assigned to the Commercial and Consumer Division of the Civil and Administrative Tribunal. WHen required, he will also sit on the Appeal Panel. It is a statutory appointment under the Civil and Administrative Tribunal Act, 2013 (NSW) and is effective from 1 February 2021. New South Wales Civil and Administrative Tribunal’s Consumer and Commercial Division resolves a wide range of disputes including tenancy disputes, home building claims, consumer claims, motor vehicles and retail leases. Internationally,…
News 19 Jan, 2021
Chloë Bell and Saaman Pourghadiri discuss the ‘Good Faith Problem’ in our latest commercial webinar. Chloë and Saaman examine case law surrounding the issue of good faith in commercial contracts. Chloë and Saaman discuss: Construction and Implication of Terms Good faith in Relational Contracts Negotiations in Good Faith Discretions What they are Identifying contractual discretions Intensity of court review Watch the webinar here: About the presenters Chloë Bell is regularly instructed in commercial and chancery matters. She has provided advice in a number of cases on the interpretation of contracts and has experience appearing led and as sole counsel in court on commercial matters, including acting on behalf of FXCM in the case of Shurbanova v FXCM [2017] EWHC 2133 which…
Webinars 10 Nov, 2020
Clare Baker explores what the business interruption insurance test case, FCA v Arch, means for insurers and policyholders. On 15 September 2020, the High Court (Lord Justice Flaux and Mr Justice Butcher) handed down its judgment in the business interruption insurance test case brought by the FCA on behalf of policyholders affected by the COVID-19 outbreak. As part of the case, the Court was asked to determine the correct construction of certain business interruption policy terms by reference to a set of agreed facts. The Court had 21 lead policies to consider from eight insurers (Arch, Argenta, Ecclesiastical, Hiscox, MS Amlin, QBE, Royal & Sun Alliance and Zurich). The FCA estimated that in addition to the particular policies chosen for…
News 26 Oct, 2020
In this latest ‘Ask a Silk’ vlog, Victoria Brown asks John McKendrick QC about a recent judicial review following the London Capital & Finance ‘scandal’. Welcome back to ‘Ask a Silk’. These videos are short and digestible vlogs, normally in the form of a Q&A between a silk and junior in chambers about a recent case, piece of legislation or other topical areas of commercial law. London Capital & Finance This vlog features one of our eminent silks, John McKendrick QC, and junior, Victoria Brown. From sunny Greece, John answers Victoria’s questions about the judicial review of the Financial Services Compensation Scheme’s (“FSCS”) decision that a significant chunk of LCF’s activities were not regulated, because their mini-bond products were not…
Webinars 26 Oct, 2020
Saaman Pourghadiri and Patrick Tomison consider termination clauses and good faith in their article entitled “When is the exercise of a termination clause restricted by an implied duty of good faith?” In this note, Saaman Pourghadiri and Patrick Tomison consider when the exercise of a termination clause could be restricted by an implied duty of good faith. The note considers the authorities which appear to suggest that termination clauses are special and ought to be unfettered. Saaman and Patrick then outline how such authorities might be overcome and the basis for doing so. Saaman and Patrick analyse the two principal obstacles to subjecting express termination clauses to an implied term. The full article can be read here. About the Authors…
Insights 25 Oct, 2020
Chloë Bell and Joshua Cainer consider cryptoasset litigation and the challenges that litigation with a foreign element present in their latest article entitled “Decrypting the Situs – Conflicts of Laws Challenges in Cryptoasset Litigation”. Litigation involving cryptoassets will frequently have a foreign element to it. Conflicts of laws rules will therefore be highly relevant to resolving such disputes. The article below focuses on, first, outlining what features of cryptoassets and distributed ledger technology (‘DLT’), the technology on which cryptoassets depend for their existence, give rise to difficulties in private international law. Secondly, it gives an overview of the key methodological questions which need to be resolved at the outset of an analysis of private international law issues. The third and…
Insights 25 Oct, 2020
Michael Uberoi explores where we are with contractual rectification in light of FHSC Group Holdings Limited v GLAS Trust Corporation Limited [2019] EWCA Civ 1361. It has now been a little over a year since Leggatt LJ (as he then was) gave the Court of Appeal’s judgment in FHSC Group Holdings Limited v GLAS Trust Corporation Limited [2019] EWCA Civ 1361, which altered the test for common intention when one party seeks to rectify a contract as a result of what it alleges was a mistake which was common to both parties. The (high level) test for rectification means any party must demonstrate (i) that the parties had a common intention, which (ii) by mistake was not recorded in the…
Insights 23 Oct, 2020
Tune in to LBC Radio at 9pm on Saturday evenings to hear Outer Temple’s Daniel Barnett present his brand new show, ‘The Legal Hour with Daniel Barnett’. Daniel has been known for the last 10 years as LBC’s legal expert, appearing regularly on ‘The Legal Hour with Clive Bull’ to discuss consumer rights, debt problems, employment law and neighbour disputes amongst other issues. Following the success of his appearances, Daniel has now been given his own Saturday evening show. During the show, Daniel will continue to provide general legal advice and thoughts to callers in order to help them navigate their way through legal issues that we may all face in day-to-day life. The Legal Hour with Daniel Barnett Good…
News 11 Sep, 2020
