Litigation

Latest news, analysis and white papers on litigation and dispute resolution matters in the UK. Subscribers to the Litigation Tracker can also access a searchable database of cases and judgments. For details on how to subscribe, email the Litigation Tracker team or call on 020 7970 4275.

 

News

The speed read: Brexit, US firms and leadership musical chairs

The fortunes of the US firms in London dominated this week’s stories on The Lawyer, while our most comprehensive look at firm leadership revealed stark truths about diversity (or lack of it) in the industry. According to data collected from 38 of the world’s largest firms, just one had a 50:50 gender balance on its […]

GC Strategy Summit

General Counsel Strategy Summit 15-17 May 2019

The Lawyer’s two-day, VIP Summit brings together over 100 global, European and UK in-house general counsel and chief compliance officers to share best practice, trends and trouble-shooting tips across different sectors and geographies, focused on how lawyers can demonstrate value within increasingly risk conscious businesses.

Marketing Leadership Summit | 13 – 14 June 2019

BE PART OF THE CHANGE

Recent years have seen a tremendous shift in almost all aspects of the UK legal services sector, but few have been more tangible than the transformation of senior marketing roles. What was once seen, somewhat disparagingly, as a ‘back office’ position is now taking its place shoulder to shoulder with the leading firms’ most senior rainmakers.

Law firms are finally waking up to the fact that marketing makes money. Not all, however, have quite yet cottoned on to precisely how. Most firms now recognise that as they and their clients grapple with the realities of digital transformation, the specialists leading this thinking are unlikely to be lawyers.

Osborne Clarke unveils eight-strong promotions round

Osborne Clarke has made up eight new partners in the UK, including one who completed the process during her maternity leave and two that work on a part-time basis. The firm’s new cohort means Osborne Clarke now boasts a partnership of more than 260 for the first time in the firm’s history with a handful […]

Richard East Quinn Emanuel

Quinn overhauls London management with new senior partner role

Quinn Emanuel Urquhart & Sullivan has shaken up its London management team for the first time in over a decade, announcing a new senior partner role. Former co-managing partner Richard East has taken up the senior partner job, while Sue Prevezer QC will continue to co-manage the office with Ted Greeno stepping in to fill […]

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Former Cooley partner joins McCann FitzGerald’s City office

Ireland’s McCann FitzGerald has announced a raft of senior appointments, including the hire of white collar crime partner Louise Delahunty as a consultant in its London office. The Irish firm has also confirmed two other consultant hires – picking up pensions lawyer Catherine Austin from rival Arthur Cox, where she was a partner, and Brussels-based […]

Litigation briefings

Supreme Court facilitates financing companies with cross-border business

By Miriam Simsa For the first time, the Austrian Supreme Court has upheld a security right granted under German law, even though the asset had been transferred to Austria. Previously, such rights were terminated once the asset was moved from Germany to Austria. The decision will substantially facilitate the financing of companies with cross-border business. Background […]

Malicious prosecution of civil proceedings: Claimants should proceed with caution

By Gwendoline Davies, Andrew Beck In 2016 the Supreme Court established the tort of malicious prosecution in civil proceedings. In the first such claim to be tried, Willers v Joyce, the High Court has now provided essential legal and practical guidance on this new legal cause of action. Walker Morris’ Litigation & Dispute Resolution experts Andrew […]

Push payment fraud and freezing injunctions

By Louise Power, Rachel Elgar Walker Morris’ Banking & Finance Litigation specialists highlight the latest case concerning an injunction to freeze bank accounts used to deposit the proceeds of push payment fraud. The case will be of interest to lenders and their customers, who are increasingly at risk of this type of fraud. What is […]

Recent developments concerning CHF loan issues in Serbia

By Milan Lazic, Milica Savic On 2 April 2019, the Serbian Supreme Court of Cassation (“Supreme Court”) took a stance that would surely open a number of issues in the coming period regarding a topic that has long provoked quite a bit of controversy in the professional and wider public – loan agreements with the currency clause […]

Lenders – how could proposals in government agricultural consultation affect you?

By Richard Hayllar The recent Call for Evidence, issued as part of the Agricultural tenancy consultation, suggests a desire to give agricultural landowners more flexibility in dealing with their land, together with more protection from enforcement. If the proposals are implemented, this could reduce lenders’ control. The Call for Evidence asks for information on two […]

Be careful what you ask for: Limits on oral interviews confirmed in cameco

By John A. Sorensen Introduction MNR v Cameco Corporation, 2019 FCA 67 (“Cameco”) was an unsuccessful appeal by the Crown of a failed compliance order application in the Federal Court (“FC”). The issue was whether the Minister of National Revenue (“Minister”) could compel Cameco employees to attend interviews and answer questions posed by CRA auditors. […]

Cuba update: Helms burton title III activated

By Thomas J. Timmins, Richard G. Dearden, Gregory Biniowsky On April 17, 2019, the United States made the historic decision to cease suspension of Title III of the Cuba Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (commonly called the “Helms-Burton Act”).[1] Title III is the portion of the Helms-Burton Act which allows parties whose […]

Government guidance on GMP equalisation and conversion

By Suzanne Burrell, Jenny Farrell Just before Easter (18 April 2019), the DWP published its ‘guidance on the use of the Guaranteed Minimum Pension (GMP) conversion legislation’. The publication of this guidance follows a landmark High Court decision, in which it was confirmed that pension scheme benefits must be equalised to allow for inequalities in […]

Guernsey royal court’s expertise in complex trusts cases

By Mathew Newman, Charlotte Ward Two recent cases in the Guernsey Royal Court – one relating to the variation of a settlement and one relating to the winding up of a trust – demonstrate the  complex trusts cases that come before the Court on a regular basis. Application for a variation of a professional footballer’s trust […]

Mediation procedure in Mongolia

By Bolormaa Volodya Mediation a method of alternative dispute resolution parties to any agreement should consider, aside from arbitration. Mediation is essentially a negotiation facilitated by a neutral third party. Unlike arbitration, which takes a form more similar to trial, mediation doesn’t involve decision making by the neutral third party, but seeks to find a […]

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