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Defamation, for those exposed to it, can be a terrible, destructive force. Its impact is felt by the scorching effect of ruined relationships and careers, by the mud that sticks long after vindication, by the chilling effect when sued and the self-censorship that follows, and by the time and money absorbed in stressful, open ended defamation litigation.
We have bolstered our Southeast Asia operation with the hire of partner Akramjeet Khaira and his team in Singapore and the promotion of Ian Johnston to partner in Bangkok.
Historically, contracts for supplies of goods or services often contained clauses that prevented one party transferring a right, under a contract, to another party. The introduction of regulations are welcomed as it attempts to redress the difficulties faced by businesses, where such clauses restrict their ability to raise finance.
A summary of recent developments and commercially impactful court decisions, raising issues in relation to the new disclosure pilot scheme for commercial disputes, the HMRCs reinstatement as a secondary preferential creditor, a voluntary capped costs pilot, vicarious liability of employers, a Scottish consultation on success fee costs in employment and commercial disputes, and the latest video hearings pilot scheme.
Can’t see the wood for the trees? Will the future of document disclosure in commercial disputes change this?
A mandatory pilot scheme for disclosure, part of the wider court modernisation process, has commenced in the Business and Property Courts, requiring a change to how a party discloses documents in commercial disputes.
Companies are increasingly questioning why their contracts and customer and supplier interactions cannot be entirely paperless. Whilst legislation and case law would suggest that it is possible, uncertainty remains around the legal status of e-signatures, especially where legislation requires a document to be ‘signed’ or executed as a deed.
Just how successful will the government’s negotiators be, in the run up to the final stages of the Brexit negotiations?
Brexit provides economic threats to exporters, with such things as higher tariffs, and stricter border checks and packaging regulations.
Case review 24/10/2018
The Court of Appeal have unanimously refused permission for the judicial review of a local authority decision to grant a lease extension, due to the failure to support an allegation that it amounted to state aid.
We have seen an increasing number of disputes concerning commercial contracts that have not accurately reflected the intentions of the parties.