Disputes

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Recent Articles

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    08/11/2024
    United Kingdom

    Cy-près solutions: navigating contractual continuity in a post-LIBOR world

    IntroductionIn Standard Chartered PLC v Guaranty Nominees Ltd & Ors [2024] EWHC 2605 (Comm), the English Commercial Court provided a solution to the impact of the cessation of the London Interbank Offered Rate (“LIBOR”) on perpetual preference shares which provide for the payment of dividends determined by reference to that rate. The decision will be of relevance to a large number of existing contracts, which often reference LIBOR in respect of calculating interest.FactsStandard Chartered PLC (“SC”) issued USD 750m in preference shares in 2006 to raise Tier 1 capital....
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  •  
    01/11/2024
    Scotland

    Scottish appeal court confirms that notification of loss and expense under the JCT standard building contract is a condition precedent to recovery

    The Inner House of the Court of Session has upheld a decision by a commercial judge of the Outer House, confirming that notification of loss and expense under the 2016 JCT Standard Building Contract for use in Scotland is a condition precedent to recovery. At first instance, the commercial judge found that no entitlement to loss and expense could arise under clause 4.20 unless the contractor complied with the notification requirements.We have written about that decision here. The commercial judge noted that the standard contract was drafted by skilled professionals, that its language was clear...
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  •  
    22/10/2024
    United Kingdom

    Navigating Wasted Costs Orders: Insights from Williams-Henry v Associated British Ports Holdings Ltd

    When might it be appropriate to fix the solicitors of a fundamentally dishonest Claimant with an obligation to pay the Defendant’s costs?We previously reported on the striking case of Kirsty Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB) (see here), in which the Claimant in a personal injury claim was found to have been fundamentally dishonest, the court concluding that she had been “thoroughly dishonest” in the presentation of her symptoms, lying to “clinicians, medico-legal experts and this Court about [her] health, functioning, activities...
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  •  
    18/10/2024
    Hungary

    Hungary drafts bill to ramp up effectiveness of criminal actions against corporations

    On 17 October 2024, the Hungarian government issued resolution No. 1306/2024, which defines an action plan to assess and enhance the effectiveness of criminal law measures targeting legal entities. Through the resolution, the government has acknowledged that to ensure sanctions against legal persons are effective, proportionate and serve as a deterrent, a thorough review of the existing legal framework is necessary to identify areas for improvement.Along these lines, the government issued the following instructions:The Minister of Justice – along with the Minister of the Interior, Minister...
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  •  
    14/10/2024
    United Kingdom

    The UK Court of Appeal determines that the Kingdom of Bahrain does not have immunity in a spyware case

    Summary The Court of Appeal has upheld the High Court’s earlier judgment that the Kingdom of Bahrain (“Bahrain”) is not entitled to state immunity from a personal injury claim arising from allegations that it has committed espionage in the UK. Our article reflecting on the High Court’s earlier judgment is discussed here.The facts of the case are unusual, although not unprecedented.  The claimants, described as pre-democracy activists and members of the Bahraini opposition movement, allege that spyware was installed on their computers, located in England, by agents...
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  •  
    11/10/2024
    United Kingdom

    Real prospect of a legitimate benefit to the claimant from English proceedings sufficient for permission to serve a claim seeking to enforce a foreign judgment out of the jurisdiction

    In a recent judgment dismissing a jurisdiction challenge in relation to a claim seeking to enforce a judgment of the UAE courts, the Commercial Court (Stephen Houseman KC sitting as a High Court judge) has reiterated the correctness of the Court of Appeal’s decision in Fonu v Demirel [2007] 1 WLR 2508 to the effect that it does not need to be shown, on an application for permission to serve out of the jurisdiction a claim seeking to enforce a judgment, that there are any assets available for execution in England. It suffices that there is a real prospect of a legitimate benefit to the claimant...
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