Publications by Area of Law


Contract Law Case Update | Spring 2017

Barrister: Natasha Dzameh
Area of Law: Company and Commercial
Date: Spring 2017

Summary: Natasha Dzameh reviews the duty of solicitors to warn clients about the risks of alternative interpretations (Balogun v Boyes Sutton and Perry [2017] EWCA Civ 75) and the scope of  solicitors’ professional indemnity insurance (AIG Europe Ltd v Woodman [2017] UKSC 18).

Download articleContract Law case update Spring 2017

 

Interim Executives (Guernsey) LTD & Others v. Positive Approach Services LTD & Others

Barrister: David Fletcher,
Area of Law: Commercial Dispute Resolution

Summary: David Fletcher, of our Commercial Dispute Resolution Team, acted for the trustees of a Guernsey-based offshore pension scheme in this complex Chancery pension action. The scheme sought to recover pension assets wrongfully removed by a pension-holder.

Download article: Interim Executives (Guernsey) LTD & Others v. Positive Approach Services LTD & Others

Contract case law update – December 2016

Barrister: Nicholas Pointon and Natasha Dzameh
Area of Law:  Company and Commercial
Source: St John’s Chambers
Date: 1st December 2016
Summary: We hope you enjoyed the first and second editions of our contract case law updates. In this third edition Nick considers when commitment letters become binding following the Commercial Court’s decision in Novus Aviation v Alubaf, and when “close of business” takes place in the London commercial banking sector following the latest decision in the Lehman Brothers litigation. Natasha Dzameh reviews several recent decisions, ranging from issues of offer and acceptance considered in Arcardis Consulting v AMEC to the recovery of damages for a loss of chance in McGill v Sports and Entertainment Media Group. Emma Price  looks at the recent decision on the Brogden bankers’ claim for bonuses and considers the approach taken by the Court of Appeal to the construction of contracts.

Download December edition: Contract Law Case Law Update – December 2016
Download September edition: Contract Law Case Law Update – September 2016
Download June edition: Contract Law Case Law Update – June 2016

Contract law case law update – September 2016

Barrister: Nicholas Pointon
Area of Law:  Company and Commercial
Source: St John’s Chambers
Date: 1st September 2016
Summary: We hope you enjoyed the first edition of our contract law case law update in June. In this second edition we look at the landmark judgment of the Supreme Court on illegality in Patel v Mirza, the ECJ’s significant judgment on unfair contract terms in the latest Amazon case, the Court of Appeal’s recent observations on the effects of repudiatory breach in MSC v Cottonex Anstalt, and the High Court’s latest statements on the subject of good faith in the exercise of termination rights in Monde Petroleum v Westernzagros, before revisiting the subject of oral variations in the face of anti-oral variation clauses following the Court of Appeal’s latest decision on the subject in MWB v Rock Advertising.

Download June edition: Contract Law Case Law Update – June 2016
Download September edition: Contract Law Case Law Update – September 2016

Illegality: a new mess for the old one

Barrister: Nicholas Pointon
Area of Law:   Commercial Dispute Resolution
Source:  St John’s Chambers
Date: 9th August 2016
Summary: Nicholas has recently written an article about the recent Supreme Court decision on the subject of illegality, Patel v Mirza [2016] UKSC 42.

In March 2015 Nicholas presented a paper on the subject of illegality and the difficulties created by the locus poenitentiae principle which had, at that stage, recently been considered by the Court of Appeal in Patel v Mirza. Nicholas also discussed the approaches which the Supreme Court might have been expected to take when hearing the appeal from that decision. That paper can be read here. Since then the Supreme Court has heard the appeal and on 20 July 2016 delivered judgment.

It is a landmark judgment, significant both for the sweeping changes it makes to the principle of illegality and for the sheer depth of legal analysis exhibited in both the majority and minority judgments. Its ramifications go far beyond the doctrine of illegality and raise fascinating questions about the creation and development of judge-made law itself, offering an unusual insight into the jurisprudential mindsets of several key Justices.

Contract law case law update – June 2016

Barrister: Nicholas Pointon
Area of Law:  Company and Commercial
Source: St John’s Chambers
Date: 9th June 2016
Summary: This contract law case law update aims to provide an invaluable resource for keeping up to date with the most important developments in contract law. In this first edition, Nicholas Pointon covers some of the key cases from the last six months. From here the team intend to produce a quarterly update designed to keep you in the know.

Download June edition: Contract law case law update

Costs Budgeting

Source: New Law Journal
Barrister: Charles Auld
Area of Law: Commercial and Chancery
Date: 25th March 2016
Summary: Charles Auld and academic pupil, Dr Kate Harrington have joined forces again to write an article which is published in the New Law Journal.  They examine costs budgeting in some detail, arguing that, whilst at first sight it looks an attractive solution, rather than reducing the overall costs faced by litigants, it can actually make a significant increase in those costs.  They conclude that Costs Budgeting is “effectively expensive informed guesswork that exerts no control on the overall costs of litigation”.

 

 

Supreme Court changes law on Penalty Clauses and Liquidated Damages

Barrister: John Sharples
Area of Law: Property and Real Estate, Commercial Dispute Resolution
Date: 5th November 2015
Summary: John Sharples discusses the implications of the new laws set out from the recent judgment in the case of Cavendish Square Holdings BV v Talal El Makdessi , ParkingEye Ltd. v Beavis [2015] UKSC 67.

View full article: The New Law of Penalties

Jurisdiction in cartel damages claims under Brussels 1

Barrister: Nicholas Pointon
Area of Law: Commercial Dispute Resolution
Summary: Nicholas looks at the question of jurisdiction in the rising trend of cartel damages claims and considers the opinion of the Advocate General in the Hydrogen Peroxide Cartel Damages Claim (Case C-352/13)

Download publication: Jurisdiction in cartel damages claims under Brussels 1

The Single County Court and other changes to civil procedure coming into force in April 2014

Source: St John’s Chambers
Barrister: Richard Gold
Area of Law:  Property and Real Estate
Date: 22nd April 2014
Summary: Richard summarises various changes to civil procedure coming into force in April 2014.  Many of the changes were recommended by Sir Henry Brooke in his August 2008 report, Should the Civil Courts be Unified?

Download article: The Single County Court