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Dispute Resolution Law Blog

28 January 2013

High Court considers the perimeters of disclosure under audit clause

In the recent case of Transport for Greater Manchester v Thales Transport & Security Ltd [2012] EWHC 3717 (TCC), the High Court considered the extent to which a supplier must disclose information pursuant to an audit clause under a contract for the supply of goods and services.

25 January 2013

Why every company should have a sound understanding of legal privilege issues

A sound understanding of legal professional privilege provides a strategic advantage allowing, (when used adequately), a “client” and its/his lawyer to refuse to disclose privileged documents and/or communications and/or to answer questions relating to their subject matter. Here are the 'need to know' issues.

24 January 2013

Inheritance claims by children - on the rise?

The Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) provides that adult children are entitled to apply for reasonable provision from the estate of a deceased parent.  We have observed a steady increase in claims from children, often in strained family situations involving step- parents.

Katherine Pymont

18 January 2013

Compensation under cross undertaking in damages: principles applied by High Court

Earlier this week, the High Court considered a claim for compensation pursuant to a cross undertaking in damages in relation to a freezing order which was subsequently discharged. The court confirmed the principle previously set out in Hoffmann-La Roche & Co v Secretary of State [1975] AC 295 at 361; that damages in injunctive proceedings should be assessed in the same way as damages for breach of contract. 

15 January 2013

French advocates, like any other European lawyers, must actively detect and report money laundering activities

In its recent decision Michaud v France dated 6 December 2012 (Requête No.12323/11), the European Court of Human Rights (the “Court”) confirmed that French advocates, like any other lawyers authorised to practise within the European Member States, must comply with certain obligations aimed at effectively detecting and fighting against money laundering activities.

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