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Social Distancing & Isolation: A role for ADR
View PDF Authors: Jennifer Haywood

In light of the current need for social distancing and isolation, Jennifer Haywood discusses the role of alternative dispute resolution via video conferencing, and how the increased use of modern technology will help us all find a way to resolve ongoing disputes.


Amy Proferes comments on the Court of Appeal case in Kinglsey v Kingsley [2020] EWCA Civ 297 (Ch)
View PDF Authors: Amy Proferes

Our member Amy Proferes comments on the Court of Appeal case in Kinglsey v Kingsley [2020] EWCA Civ 297 (Ch) which was handed down on Tuesday, 3rd March. For the judgment, please click here.


Jamie Randall discusses judgment in Shanda Games Ltd v Maso Capital Investments Ltd & Ors [2020] UKPC 2
View PDF Authors: Jamie Randall, Philip Jones KC

Jamie Randall discusses the eagerly-awaited judgment in Shanda Games Ltd v Maso Capital Investments Ltd & Ors [2020] UKPC 2 which was handed down on Tuesday, 27th January 2020.

Philip Jones QC acted for Shanda Games Ltd (Respondent).


Restrictive Covenants and Freehold Land
Authors: LexisNexis Andrew Francis

The Fifth Edition of Restrictive Covenants and Freehold Land is now available to purchase on LexisNexis. 

The book has established itself as an essential guide for the practitioner requiring an understanding of the law of restrictive covenants affecting freehold land. This newest edition considers all areas of law and practice affecting restrictive covenants. The book has been described as "making complex topics intelligible, and enabling readers to solve problems quickly and accurately".


Legal and practical issues arising from Lehtimaki v Children’s Investment Fund Foundation (UK)
Authors: Trusts & Trustee Gregor Hogan

This article for Trusts & Trustee addresses the legal and practical issues that might arise from the Court of Appeal's judgment by considering various structures of membership of charitable companies limited by guarantee. It also considers the significance of the Court of Appeal’s observations on the courts’ powers to intervene in the exercise of discretion by fiduciaries in the charities context.

Please click here to read the article. 


‘How effective is committal as a means of securing compliance with a mandatory injunction?’
View PDF Authors: Gareth Tilley


Legal systems in the UK (England and Wales): Overview
Authors: Practical Law Professor Suzanne Rab

A Q&A guide to the legal system in the UK. The Q&A gives a high level overview of the key legal concepts including the constitution, system of governance and the general legislative process; the main sources of law; the court structure and hierarchy; the judiciary and its appointment; the general rules of civil and criminal litigation, including reporting restrictions, evidentiary requirements, the roles of the judge and counsel, burdens of proof and penalties. 

Please click here to view the full article.

 


Med-Arb: a successful combination for beneficiaries?
Authors: New Law Journal James Behrens

Dr James Behrens considers the pros & cons of evaluative mediation in resolving trust & estate disputes.

If you have a subscription to New Law Journal, you can view the full article here.


Modification of covenant impeding reasonable user of land (Payne v Maldon DC)
View PDF Authors: LexisPSL Andrew Bruce

Andrew Bruce was interviewed by LexisPSL this week about the decision of the Upper Tribunal in Payne v. Maldon D.C [2019] UKUT 335 (LC). The decision concerned an application to modify a restrictive covenant arising out of a planning agreement and gives rise to an interesting issue about ‘release fee’ damages.

Please click here to read Andrew's article. 


Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd [2019] UKSC 50
View PDF Authors:

Sophia Hurst comments on yesterday’s Supreme Court decision in Singularis Holdings Ltd (In liquidation) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50 and the scope of banks’ liability for failing to prevent fraud.


2019: claims to fame
Authors: New Law Journal Constance McDonnell KC

Constance McDonnell QC examines the year’s most notable 1975 Act decisions.

If you have a subscription to New Law Journal, you can view the full article here.


Offices to flat: a rare modification?
Authors: New Law Journal Andrew Bruce

In an article for New Law Journal, Andrew Bruce explains the groups for sweeping away a leasehold covenant under s 84 of the Law of Property Act 1925.

The article, 'Offices to flats: a rare modification?' is available here.


Putting Off the Competition
Authors: Solicitors Journal Jennifer Haywood

In an article for Solicitors Journal, Jennifer Haywood discusses how drafting effective restrictive covenants in a law firm's partnership deed is vital to protect the firm against team moves which can be catastrophic. 

Jennifer's article 'Putting Off the Competition', can be found in Solicitor Journal's October Edition online. 


Artificial Intelligence, Algorithms and Antitrust
View PDF Authors: Professor Suzanne Rab

Professor Suzanne Rab has written an article on 'Artifical Intelligence, Algorithms and Antitrust'. The article is a brief summary of key themes discussed at the Competition Law Association 2019 Seminar and panel session.


When can proceedings be stayed in favour of ADR?  Ohpen Operations UK Ltd v Invesco Managers Ltd [2019] EWHC 2245 (TCC)
View PDF Authors: Zoe O'Sullivan KC

Zoe discusses how O'Farrell J's judgment usefully revisits an issue on which lawyers are often asked to advise in practice: does the contract impose binding obligations on the parties to exhaust all contractual dispute resolution processes before they can commence court or arbitration proceedings? 


Easements of recreation: a new species
Authors: Solicitors Journal Christopher Stoner KC

In an article for Solicitors Journal, 'Easements of recreation: a new species'Christopher Stoner QC explains the Supreme Court's rationale in recognising a new species of easement.


‘Losing the farm in a family feud’
Authors: New Law Journal Jennifer Haywood

Jennifer Haywood uncovers some valuable lessons on proprietary estoppel from recent Court of Appeal decisions.

If you have a subscription to New Law Journal, you can view the full article here.


EBA’s Danske Probe Prompts Calls for New AML Safeguards
Authors: Law360 Professor Suzanne Rab

Please click here to view the full article