Simon Kerry asks whether front loading case management is effective in resolving cases and looks at the forthcoming Disclosure Pilot
In recent years, reforms of the Civil Procedure Rules have focused on ‘front loading’ case management. In particular, for larger and more complex cases, planning phases have been established to set parameters within which the case will be conducted. Continue reading “Sponsored briefing: The full-frontal approach”
Francesca Richmond discusses recent developments in EU competition litigation
Litigation of claims to recover cartel damage is now a standard consideration when assessing risk across jurisdictions and setting corporate strategy. It is questionable whether the increase in claim activity reflects a trend to recovery for consumers and business, or simply demonstrates exploitation of opportunity by claimant law firms and funders. However, the fact remains that the volume and scale of litigation on competition issues demands strategic weight and attention. Continue reading “Sponsored briefing: The future of competition and consumer litigation – a brave new world?”
Marcia Shekerdemian QC considers the decisions in Ve Vegas v Shinners and Zinc Hotels v Beveridge
‘An insolvency practitioner should not allow bias, conflict of interest or undue influence of others to override professional or business judgments.’1 Continue reading “Sponsored briefing: Administrators’ conflicts of interest – 2018’s hot potato?”
Caitlin Heard and Gareth Morgan highlight recent cases involving patent disputes to put the case forward for the UK as a key centre for patent litigation
Reflecting on the past 12 months of patent litigation, it is apparent that the tools available to litigants are changing. There is an increasing shift away from the traditional war of attrition that has come to be the norm in multijurisdictional patent disputes, towards more focused and targeted claims, as courts in Europe are increasingly willing to consider international issues and give judgments that have extra-territorial effect. Continue reading “Sponsored briefing: UK courts – Open for business”
Jane Colston discusses the use of AI in the courts under the new disclosure pilot scheme’s push for cheaper tech-assisted review
Lord Burnett of Maldon has set up a new advisory board made up of senior judges and artificial intelligence (AI) experts to consider and advise on the issues arising from the use of AI in the courts. In setting up the group, Lord Burnett seeks to ensure that judges are at the forefront of governing how increasingly capable AI technology may be used in and by the courts of England and Wales. Continue reading “Sponsored briefing: Tech-driven review vs the fear of missing out”
Richard Kovalevsky QC on the difficulties facing prosecutors of financial crime
Following the Bribery Act coming into force on 1 July 2011, commentators focused on the contention that while there was a Rolls-Royce in the garage, prosecutors in the area of corruption and financial crime were using an old Mini as the vehicle of choice. In 2012 and 2013, the sleek well-engineered machine that is the Bribery Act remained unused while the everyday patchwork of existing offences seemed to be the preferred vehicle for prosecutors. Continue reading “Sponsored briefing: Financial crime and criminal prosecutions in the UK”
A Q&A with Sarah Henchoz, head of employment at Allen & Overy
Sarah Henchoz is a partner and head of Allen & Overy’s London employment team. In this interview, she draws on her experience to explain how the massive shift in workplace culture will define the future world of work. Continue reading “Sponsored briefing: Allen & Overy horizon scans to the workplace of the future”
Our dispute resolution team is a cadre of specialist litigators. We work with our in-house legal teams to find the most effective route to resolving the disputes that inevitably arise during the course of business. Our aim is to help quantify and manage risk, and offer solutions-driven advice. We actively work with our clients on litigation avoidance strategies. We appreciate how competitive the market place is for you and the challenging decisions that are having to be made as a consequence. We can help in pre-empting issues that might arise from those decisions.
Our philosophy is to place ourselves between our client and the problem, and we never lose sight of the fundamental issue in each case that we take – what outcome does our client need to achieve? – and that directs everything we do and how we do it. Continue reading “Sponsored firm profile: Ashfords”
The mediators of Independent Mediators discuss the changes they have witnessed in mediation in their time in practise in the field and future trends
Launched in 2007, Independent Mediators (IM) manage the practices of nine of Europe’s leading full-time civil and commercial mediators. Continue reading “Sponsored briefing: Mediation goes mainstream”
Edward Sawyer and Jia Wei Lee look at a recent Court of Appeal decision on the extent of a fiduciary’s obligation to disclose commission payments
In The Attorney General for Hong Kong v Reid [1994] 1 AC 324, Lord Templeman described bribery as ‘an evil practice which threatens the foundations of any civilised society’. And as every trusts lawyer knows, the best way to wage war against depravity is by the well-timed imposition of a constructive trust. What we do not know, however, is how much fiduciaries must tell principals about their commissions. Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd [2019] EWCA Civ 83 gives us part of an answer. Continue reading “Sponsored briefing: When is a secret commission secret? A primer on Medsted v Canaccord Genuity”
