Litigation

Latest news coverage, analysis and white papers on litigation and dispute resolution matters in the UK

 

barrister holds a wig, illustrates the successful QC appointments

4 Pump Court arbitration silk decamps for magic circle set

4 Pump Court silk Alexander Gunning QC has joined magic circle chambers One Essex Court in a key boost to the set’s arbitration group. Gunning was first called to the Bar in 1994, taking silk six years ago with a practice focused heavily on international arbitration, as well as commercial in the energy, insurance, construction […]

ENRC

SFO criticised by ENRC over handling of privileged information

Mining group ENRC has raised further questions over the Serious Fraud Office’s long-running corruption investigation into the company, alleging that privileged information was used as part of the probe. Documents seen by The Lawyer allege that Dechert partner Neil Gerrard passed privileged documents onto the SFO in 2013, as part of its investigation into alleged bribery and corruption […]

No5 Barristers’ Chambers advices Rosconn Strategic Land Limited in High Court

Judgment was recently handed down in West Oxfordshire District Council v (1) Secretary of State for Housing Communites and Local Government (2) Rosconn Strategic Land Limited  [2018] EWHC 3065 (Admin). It is important in understanding the approach of decision takers to emerging plans, and to the application of para 48 of the NPPF: “Local planning authorities […]

No5 Barristers’ Chambers defends teenager in murder case

Michael Duck QC, of No5 Barristers’ Chambers, is defending a teenager who denied murdering a taxi controller in Birmingham but has admitted manslaughter. Ibrahim Osman, aged 18, from Mead Crescent, Bordesley Green, admitted killing Saeed Rahat, 37, who died after an incident at Embassy Cars, in Oliver Street, Nechells, on June 2, 2017. Abdiwali Ashkir, 20, from […]

No5 Barristers’ Chambers prosecutes Samantha Eastwood murder

Jonas Hankin QC, instructed on behalf of West Midlands CPS, opened the case against Michael Stirling when the case was listed for sentence before the Honourable Mrs Justice Carr DBE. Michael Stirling was convicted by his guilty plea of the murder of Samantha Eastwood on 27th July 2018.  Shortly before 8am that day Samantha had left […]

Loyens & Loeff advises Oi S.A. in debt restructuring

European law firm Loyens & Loeff has advised Brazilian telecom company Oi in its restructuring of more than USD 20 billion debt, the largest-ever debt restructuring in Latin America. Headquartered in Rio de Janeiro, Oi operates a vital telecommunications business, providing telecom services to some 63 million customers and employing over 143,000 direct and indirect employees. Loyens & Loeff […]

Gowling WLG and ESB Lawyers to merge in January, 2019

International law firm Gowling WLG and Hamilton-based law firm ESB Lawyers announced today that they are joining forces, effective Jan. 1, 2019. Pairing ESB’s market-leading local expertise with Gowling WLG’s robust global platform, the newly merged practice promises to set a new benchmark for advisory services in the Hamilton region and redefine the role a […]

Hong Kong

Dentons adds Bird & Bird litigation team in Hong Kong

Dentons‘ Hong Kong office has hired a five-strong team from Bird & Bird to expand its litigation practice. The team joining Dentons is led by partner Richard Keady, who headed Birth & Bird’s international dispute resolution group in Asia Pacific, and consists of partner Robert Rhoda and three associates. Keady has spent the past 18 […]

No5 Barristers’ Chambers represents West Midlands council against fraudulent claim

Counsel from a Birmingham barristers’ chambers has represented a West Midlands council in a contempt of court case against a woman who fraudulently claimed for damages. Gareth Compton, of No5 Barristers’ Chambers, represented Walsall Metropolitan Borough Council in the case. Karen Britton, 45, of 44 Harwood Street, West Bromwich, pleaded guilty to contempt of court […]

sfo

Magic circle firm dropped for Simmons in SFO’s Petrofac investigation

Simmons & Simmons has been appointed as Petrofac’s adviser during its investigation by the Serious Fraud Office (SFO), wrestling the mandate for the oil and gas company from a magic circle firm. It is understood that Simmons’ head of crime, fraud and investigations Stephen Gentle and partner Nick Benwell have won the mandate from Freshfields Bruckhaus Deringer. The […]

sfo

SFO kickstarts search for new GC following Milford exit

The Serious Fraud Office (SFO) has begun its search to find a new general counsel, following incumbent Alun Milford’s decision to join the partnership at white-collar and criminal outfit Kingsley Napley. The office announced that it would be searching for a replacement in the wake of Milford’s departure, though it is understood that the SFO […]

Featured litigation briefings

Challenging an IVA on the grounds of material irregularity

By Simon Clark, Gawain Moore In Gertner v CFL Finance Ltd [2018] the Court of Appeal found that there had been a material irregularity at the creditors’ meeting convened to consider the debtor’s IVA proposals. The lender’s breach of the good faith principle between creditors was sufficient to revoke the IVA on grounds of material irregularity.

Liability for intentional torts by workers

By Mark Josselyn Earlier this year the Human Rights Tribunal of Ontario (“HRTO”) found that a corporate respondent was liable for the violations of the Ontario Human Rights Code perpetrated upon the applicant by the personal respondent in the course of his employment, relying upon the analysis of the Supreme Court of Canada in Robichaud v. […]

Court confirms breach of contract despite absence of negligence

By Daniel Wood The Supreme Court has handed down judgment in the high-profile case of MT Højgaard v E.ON Climate & Renewables. The Supreme Court has overturned the Court of Appeal’s decision and – in so doing – has provided useful clarification in respect of various important principles… …In this decision, the Supreme Court was willing […]

Ireland’s data protection bill: circuit court to confirm fines

…Head 80 of the General Scheme states that where a controller or processor is fined and does not appeal a decision to the Data Protection Commission, then the Commission will apply to the Circuit Court for confirmation of the fine. The Head goes on to state that the Circuit Court must then confirm the fine […]

Adjudicator had jurisdiction – rights reassigned in the nick of time

This article was first published on Practical Law’s Construction Blog By Ebony Alleyne In Mailbox (Birmingham) Ltd v Galliford Try Construction Ltd, the TCC confirmed the armoured quality of an adjudicator’s decision, despite a valiant jurisdictional challenge. The enforcement action was set against a zigzagging tale of assignment and reassignment… What was the dispute? The […]

Litigation Tracker: Court Rankings

Firms and chambers will be able to chart their court appearances for the first time with the launch of The Lawyer Litigation Tracker’s Court Rankings. Drawing on data from over 5,000 recorded judgments in English civil courts from 2015 and 2016, The Court Rankings report ranks 50 law firms and 20 chambers by court, sector […]

Finance litigation briefing Nov 16: impecuniosity; and more

By Greg Standing, Ian Weatherall Enforcement and priority of an unpaid vendor’s lien Doubly-secured creditor and the doctrine of marshalling Indefinite suspension of bankrupt’s discharge Petitioning creditor must be a current creditor Impecuniosity no grounds for granting relief from sanction Enforcement and priority of an unpaid vendor’s lien We last reported on the case of […]

Global Litigation Top 50 2016

The Global Litigation Top 50 ranks the largest 50 firms in the world by the litigation and arbitration revenue they generate. We look at financial metrics such as total revenue, revenue per litigation partner and revenue per litigation lawyer and litigation revenue per jurisdiction as well as headcount trends across the time period for which […]

Enforcing foreign judgments in Switzerland – a Q&A

Dieter A Hofmann and Oliver M Kunz Treaties Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country’s approach to entering into these treaties and what if any amendments or reservations has your country made to such treaties? Switzerland is party to […]

Part 36, CPR: the reformed settlement regime in practice

Significant changes to Part 36 of the Civil Procedure Rules (CPR) came into effect in April 2015.  The key changes are explained in Walker Morris’ earlier briefing, Part 36 changes: What you need to know. As the new rules start to bed in, Commercial Dispute Resolution specialists Gwendoline Davies and Sue Harris review some of […]

Alton Towers fined £5m for ‘needless and avoidable’ accident

By Philip Ryan A day after the Health & Safety Executive announced it would be prosecuting the manufacturer of an ejector seat which fatally deployed while a Hawk jet was on the ground, a Midlands’ Court has handed down a record fine for a non-fatal accident in the UK. Merlin Attractions Operations Limited (‘Merlin’) was fined […]

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