16 April 2012

Family law

Lawrence v Gallagher (2012) EWCA Civ 394. Court of Appeal (Civil Division). Thorpe LJ; Ryder J; Moses LJ. 29 March 2012 The court allowed an appeal against a financial order made following the dissolution of a civil partnership because the judge’s approach had been too theoretical. The court emphasised the importance of judges consistently applying […]

Charles Priday

Judgment call: 16 April 2012

In a case brought by the members of a reggae band against their former solicitors concerning the royalties due from a hit single, the court considered issues including to what extent an allegation of fraud had to be particularised in the pleadings post-CPR, and the test to be applied where the Limitation Act 1980 s.28 […]

Charles Metherell

Risk and regulation in the changing legal sector

The legal industry is changing fast. Firms that fail to adapt will be left behind The legal sector is, of course, undergoing seismic change and the associated opportunities are being embraced by more than many had anticipated. This is a brave new world and firms are understandably concerned about the regulatory minefield ahead of them. […]

Simon Gildener

M­­oves: 16 April 2012

Bond Pearce has hired a Clyde & Co partner, boosting its insurance professional risks team in London. Move of the week Simon Gildener joins Bond Pearce as a partner in its London office from Clydes, where he was a partner in the international professional and financial lines practice group. Gildener joined Clydes from Howden Insurance […]

Pelican Brief

Hidden agenda

Know the mystery lawyer in the Heywood case? Well keep it to yourself Did you ever read John Grisham’s The Pelican Brief ? It’s about a law student who uncovers a conspiracy and writes a brief – a brief that some bad people would (and frequently do) kill to get hold of. Well, the biggest […]

Tough talking

Mediation veteran faces uphill battle in Halliwells-BDO £20m windfall negotiations The Halliwells reverse premium was possibly one of the most unfortunate and highly criticised decisions ever made by law firm management, and it will be a test to see if the matter can be settled in mediation proceedings that take place later this month. For […]

Steppe back in time

Déjà vu for Chadbourne in Russia as lawyers defect to Dechert They say lightning never strikes twice, but when it comes to law firm raids this is rarely the case. Dechert’s scoop of Chadbourne & Parke’s Almaty energy team is a stark reminder of the firms’ ’Battle of Moscow’, when Dechert tried to poach a […]

By hook or by crook

Gareth Pierce denounces ECHR decision to let US justice system try terror suspects The extradition saga of radical cleric Abu Hamza put the controversial UK-US extradition treaty under further scrutiny last week, leading to criticism that terrorism-focused legislation was being misapplied in the cases of Sheffield student Richard O’Dwyer, retired businessman Christopher Tappin and computer […]

You’re not the be all and end all

Law firm leaders need to look beyond their own egos to generate healthy cultures ”Oh my crikey” was my first thought when I read the jaw-dropping resignation ­letter of Goldman Sachs executive ­director Greg Smith in The New York Times. Perhaps more colourful words went through the head of Goldman’s general counsel as the letter […]

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Don’t be a cookie monster

Time is running short for website operators to comply with the updated regulations covering cookies Changes to the Privacy and Electronic Communications Regulations (PECR) in respect to consent for cookies have placed considerable compliance obligations on businesses. When initial guidance was issued by the Department for Culture, Media and Sports in 2011, it was ­suggested […]

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The carrot beats the stick

Mediation has proven itself an invaluable aid to business – just so long as it’s not foisted on the participants The Government has introduced the automatic referral to a mediator of all claims below the current small claims limit of £5,000. One could be forgiven for thinking this the thin end of the wedge of […]

Police don’t fit the bill

The police lack the powers enabling them to launch effective corporate killing investigations  The fourth anniversary of the Corporate Manslaughter and Corporate Homicide Act (CMCHA) coming into force was marked on 6 April. Although it was always understood that there would be a delay in cases reaching the courts, it has been somewhat perplexing […]