Mediation “not always the answer”

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Latest Briefings

Lisbon Annual Report: Riding the wave

For VdA’s executive group partner, “law firms are under pressure to provide a top quality service, more efficiently”. The article analyses the portuguese market on business advocacy, after consulting some lawyers of the best portuguese law firms. The biggest law firm in Portugal are experiencing substantial growth, but managing partners are well aware that a downturn in […]

Portugal: Patent litigation law review

By António Andrade, Marta Alves Vieira The Portuguese patent litigation system has some particularities that make it a rather unique system. In Portugal, patent litigation generally takes place before the Intellectual Property Court (the Court). This specialised state court, with jurisdiction at a national level, has been operating in Portugal since 30 March 2012 and is […]

Can commonhold be reinvigorated?

By Michael Callaghan and Melissa Barker The Law Commission has issued a substantial consultation seeking to improve the manner in which the commonhold system operates and to persuade existing leaseholders to move to a commonhold structure. Background Commonhold is an alternative to long leasehold ownership of property. Instead of a landlord and a number of tenants, […]

In what circumstances can additional administrators be appointed?

By Simon Clark, Gawain Moore According to a recent case, Zinc Hotels (Investment) Limited and others v Beveridge and others [2018] EWHC 1936 (Ch), the court does not have power to appoint additional administrators except within the constraints of paragraph 103 of Schedule B1 to the Insolvency Act 1986. Where administrators are appointed out of court by the […]

What is the extent of a secured creditor’s equitable duty to a guarantor?

By Simon Clark, Gawain Moore In General Mediterranean Holding SA SPF v Qucomhaps Holdings Ltd[2018] the Court of Appeal had to consider if and when a commercial lender’s acts or omissions in relation to its security will release a guarantor from its obligations. The court found that in the absence of express terms, any equitable duty […]

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The wages of professional inequality

As a solicitor, I am always deeply concerned that even in what I consider to be an enlightened and just profession there remains evidence of deep-seated discrimination between men and women. Every female in the profession can probably now recite the statistics released last week by the Law Society – whereas on average a male […]

.Zulu boy's emotional appeal

Sifiso Mahlangu, the 10-year-old Zulu boy at the centre of this week’s Analysis, has now flown back to South Africa to be re-united with his natural parents. But his tug-of-love case, which seems without precedent in Family Division circles, taxed the minds and emotions of some of the UK’s leading lawyers and judges. Mahlangu was […]

Litigation Personal Injury 13/05/96

Kownacki v Metropolitan Police – QBD, 29 April 1996 Claimant: Andrew Kownacki, 31 Incident: False imprisonment Injuries: Malicious arrest; plaintiff arrested during drug raid on public house in Hammersmith, London, where he worked as barman Jury award: £108,750 – £45,000 award for punitive damages Judge: Mr Justice French Plaintiff’s solicitors: Cart-wrights, Bristol Mansfield v Bacon […]

In brief: Three new partners join SJ Berwin & Co

SJ Berwin & Co has appointed three new partners to the firm’s corporate finance, property and securities practices. Graham Nichoson, who left Baker & Mckenzie’s Moscow office in July, has joined the firm’s corporate finance practice. Nichoson said there was nothing significant in his move from Moscow other than a desire for a career change. […]

Jersey scraps French study

Jersey’s parliament has scrapped the law which requires the Island’s advocates to study Norman and French law at the University of Caen. Introduced in 1993, the rule stemmed from the fact that Jersey’s customary and contract laws are based on French law. The Jersey Law Society said the rule was preventing mature students from training […]

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