Cheerful troubleshooter with a sharp business mind

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Latest Briefings

Formation of contract and enforcement of terms: What negotiators need to know

By Gwendoline Davies, James Crayton Gwendoline Davies, Head of Commercial Dispute Resolution, and James Crayton, a partner in the Commercial Contracts Team, offer practical advice arising from the recent case of Volumatic v Ideas for Life [1], which highlights the risks of doing business in the absence of a concluded contract. Why is this case of interest? […]

Who needs a guarantor agreement?

By David Asker A guarantor is an individual who is agreeing to pay the rent if the tenant defaults on payments. Guarantors can often be necessary when renting to students or those in part time or low paid work, but any landlord can ask for a guarantor agreement if they feel there might be an element […]

Housing possession court duty scheme

By David Asker The Government is holding a consultation covering additional legal support for those facing eviction or repossession. Currently, the Housing Possession Court Duty Scheme (HPCDS) offers free advice on the day to anyone at risk of eviction or repossession, this service is not means tested and is therefore available to anyone who finds themselves […]

CJEU: “opt-out” language does not create valid cookie consent – Austria

By Wolfgang Tichy, Gunther Leissler, Serap Aydin On 1 October 2019 the Court of Justice of the European Union (“CJEU“) provided guidance on whether website operators may obtain consent to the use of cookies via a preselected tick-box. 1   Background of the case A German company organised a promotional lottery on its website. It obtained the consent of […]

CJEU decides on obligation of social media operators

By Gunther Leissler, Andreas Natterer, Sara Khalil Case: C‑18/18; Eva Glawischnig-Piesczek vs Facebook Ireland Limited On 3 October 2019 the Court of Justice of the European Union (“CJEU”) provided guidance on Social Media operators obligations to monitor their networks for “hate speech”. 1 Background of the case In 2016 Eva Glawischnig-Piesczek, a (former) Austrian politician, was exposed […]

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Litigation Disciplinary Tribunals 30/9/97

Kanthia Kangesu Pathmanathan, 56, admitted 1987, practising at material time at Nathan (KP) & Co, Southall, Middlesex, fined £4,000 and ordered to pay £7,372 costs. Allegations substantiated he failed to keep properly written accounts, wrongly drew client money and used it for his own purposes, recklessly made a representation which he knew, or should have […]

Conferences on trial

Solicitors are turning to conferences for ongoing training. Leo Schulz finds out how to separate the wheat from the chaff. From November next year compulsory ongoing education will be extended from newly-qualifieds to cover the entire legal profession in England and Wales, creating an enormous wave of new demand for training. The intention is to […]

1

Smith Bernal puts transcripts online

Elizabeth Davidson reports ALL Court of Appeal and Crown Office list case transcripts are to be provided on the Internet free of charge from early next year. Court transcript supplier Smith Bernal International, which has a contract with the Lord Chancellor’s Department to supply transcripts of court proceedings, is discussing the project with web designers […]

In brief: Solicitor advocates win commercial case

Solicitor advocates have broken new ground in appearing as the first silk and junior team in a Commercial Court case. Lawrence Collins QC, who heads Herbert Smith’s litigation and arbitration department, and partner Terry Mehigan won the complex insurance jurisdiction case for their Singapore client, the People’s Insurance Company. Mehigan said solicitor advocates had not […]

Cameron McKenna advises on Energis float

Cameron McKenna is acting on what is expected to be the biggest flotation this year – National Grid’s sell-off of a minority stake in its telecoms arm, Energis. Corporate partner Sean Watson is leading the 26-strong team advising Energis, the same team which, when part of McKenna & Co, advised National Grid on its own […]

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