Dispute Resolution Festive Forecast
Throughout December, our dispute resolution team will be sharing its 2017 predictions for a range of key sectors and industries.
23 November 2016
Corporate fraud in the UK: Is reform of the ‘directing mind and will’ test imminent?
Given the SFO Director’s recent description of the UK’s system for prosecuting corporate fraud as ‘antiquated’, is reform of the law in this area now imminent?
25 February 2020
Disputes on statutory transfer schemes
Courts are currently considering the effect of a statutory transfer scheme on the rights enjoyed by the old public utilities.
20 June 2013
Force Majeure: What the Court has said since the start of COVID-19
A short summary of key points that have arisen in judgments considering force majeure since the start of COVID-19
01 December 2020
No damages where defendant does not know that use of confidential information is “misuse”
When seeking damages for misuse of confidential information, claimants must show that the defendant knew that they were not authorised to use the relevant information
10 June 2020
How are Courts approaching commercial confidentiality?
The High Court has given further guidance on when confidentiality rings may be available to protect the commercial confidentiality of information and when they will not
30 March 2020
Time to decide...how to exercise contractual discretion five years after the Braganza case
Contracts often allow parties to make decisions but recent cases show that there may be strings attached and that decisions can be challenged by the courts
13 February 2020
Rectification of Pension Scheme Documentation: Has the Univar decision changed anything?
The first fully argued pensions rectification case since the much talked about decision of the Court of Appeal in FSHC v GLAS Trust, Univar is a landmark decision
03 September 2020
Disk Raiders – inspecting devices for evidence of tampering
What can you do if you suspect that a party on the other side has fabricated electronic documents, including emails and invoices?
07 October 2014
Where is the data? Data mapping in insolvency investigations
Tom Whittaker and Emily Scaife explain the importance of data mapping, whilst Steven Bain of FRP Advisory explains the role of the forensic technologists, in insolvency investigations
08 October 2020
Discrimination settlement did not amount to employment earnings
An employer's payment to an ex-employee pursuant to a compromise agreement, in full and final settlement of a potential race discrimination claim, does not amount to taxable earnings.
01 July 2015
Disciplinary penalties following internal appeals
In McMillan v Airedale NHS Foundation Trust, the Court of Appeal recently decided that an employer could not impose a more severe disciplinary penalty following an internal appeal. Why?
13 August 2014