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Latest Briefings

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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Banking and finance

20 Essex Street has for many years been involved in some of the most significant cases in this area. These have included: the bank charges litigation; assorted ‘credit crunch’ litigation arising out of the collapses of Lehmans, Kaupthing, MF Globaland other financial institutions; the RBS rights issue litigation; the Cukurova FINCARs litigation; and leading cases […]

International arbitration

20 Essex Street has a strong reputation as a leading arbitration set. It has an exclusive team of 18 leading international arbitrators from around the globe. In addition, the set has 60 barrister members who act as advocates and arbitrators under all of the world’s major institutions’ auspices. The firm’s high-quality silks and juniors deal […]

Ashurst and Bird & Bird among firms to win Santander panel spots

While so many in-house teams seem to be cutting the number of firms appointed to their legal panel, Santander has been doing exactly the opposite. The bank has upped the total number of firms on its main roster from 24 to 30. But that doesn’t mean it’s been giving lawyers an easy ride. The bank […]

Khaitan successfully represents claimant in damaged billets dispute

Khaitan & Co has successfully represented Al Jazeera Steel Products Company SAOG (the claimant), which had entered into an agreement with Shreeyam Power (an Indian entity) for the supply of 2,000 mega tonnes of prime alloy steel billets. The dispute was in relation to consignment of billets that were received in damaged condition from Shreeyam […]

morocco flag

The long, hard road to Morocco

A diverse range of law firms are now battling for work in the former French bastion The balance of power in the Moroccan legal market has shifted. Whereas the jurisdiction was once the fiefdom of the French, exploiting historic links with the Francophone North African kingdom, it has developed into a multi-tiered market where Anglo-Saxon […]

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