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.
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Hardwicke’s David Lewis and Emma Hynes assess the duty of good faith in a classic relational contract following the recent case of Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Nehayan v Ioannis Kent AKA John Kent [2018]
A genial sheikh and an overly optimistic hotelier enter a joint venture to develop a chain of luxury hotels and an online travel business. What could possibly go wrong? Other than a global financial meltdown, the Greek debt crisis, a volcano in Iceland, threats of physical violence, blackmail, accusations of swindling, furtive double-dealing, rampant opportunism and – it turns out – breach of a contractual duty of good faith.
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Nigel Jones QC
Hardwicke
Frederico Singarajah
Hardwicke
‘As arbitration clauses are widespread in some sectors of economic activity, there has been a serious impediment to the development of the common law by the courts in the UK [though] the UK has not reached the stark example… in the United States, where mandatory arbitration clauses in contracts are removing whole classes of claim from the jurisdiction of the courts and undermining aspects of the law’s development,’ noted Lord Chief Justice Thomas in his 2016 Bailii lecture. As he tries to reverse the arbitration tide so the common law can continue to develop public precedents, others are still promoting arbitration as the best way forward.
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Hardwicke Chambers is the latest to take members from soon-to-be-dissolved London commercial and chancery set 11 Stone Buildings (11SB), confirming today it will take a junior barrister quartet and 11SB’s business development manager.
The set confirmed today that junior barrister quartet Amanda Eilledge, Alaric Watson, Sarah Clarke and Harriet Ter-Berg have all accepted offers from Hardwicke and ‘will join shortly’. White & Case has also invested in its advocacy offering with the hire of 11SB barrister Shawna Pasquale.
The four-strong team heading to Hardwicke are specialised in commercial litigation, corporate and partnership disputes, property and insolvency. The set has also hired 11SB business development director Sally Wollaston, a former solicitor who trained at Allen & Overy as a commercial litigator.
Hardwicke joint head of chambers Paul Reed QC said: ‘We are sorry to see the dissolution of such a pre-eminent set of chambers such as 11SB. However, we are delighted to be able to welcome our talented new colleagues, who will strengthen and enhance the service we give to our clients in the areas of commercial, property and insolvency work.’
Meanwhile White & Case’s disputes team has boosted its City ranks with barrister Shawna Pasquale, who regularly appears in the High Court and County Courts as sole advocate or led by senior counsel. Pasquale further undertook a five-month secondment in the general counsel division of the Financial Conduct Authority, during which she advised on the application of and compliance with Financial Services and Markets Act 2000, and related legislation.
These latest moves follows the news earlier this week that Wilberforce Chambers has taken 11SB silks Lexa Hilliard QC, Alan Gourgey QC and Marcia Shekerdemian QC alongside junior barristers Tim Penny, Max Mallin, Iain Pester, Tom Robinson and Laura Newton. Radcliffe Chambers also confirmed this week it will take on seven 11SB members including Jeremy Cousins QC, Gary Lidington, Tina Kyriakides, Adam Deacock, Christopher Boardman, Reuben Comiskey and Dawn McCambley.
Hilliard QC said that the members of 11SB ‘decided amicably, but with considerable regret to cease to operate as a set of chambers at 7pm on Friday 30 October 2015. Until then 11SB will remain fully operational as a set of chambers.’
sarah.downey@legalease.co.uk
