Inside disputes

A warning on incorporating standard terms by reference

A recent decision is a timely reminder that where parties are seeking to incorporate their own standard terms by reference, particularly burdensome clauses (even if they are standard across the industry) should be drawn to the attention of the other party.

Articles | November 23, 2021

Contractual interpretation

Which time zone applies when a contract is silent?

The Commercial Court considers the general rules for determining times/dates where an agreement is silent as to the applicable time zone.

Articles | November 17, 2021

Contractual interpretation

Good news for data controllers: Lloyd v Google Supreme Court decision

The UK Supreme Court handed down the much anticipated judgment in Lloyd v Google LLC [2021] UKSC 50, unanimously allowing Google’s appeal and reversing the decision of the Court of Appeal.

Articles | November 10, 2021

Group action litigation

On the stroke of midnight

The Supreme Court clarifies the day counting rule for causes of action accruing at midnight

Articles | November 10, 2021

Contractual interpretation

Waiving privilege by referring to documents in court proceedings

A recent decision in the High Court has again demonstrated the dangers of referring to privileged material during proceedings.

Articles | October 25, 2021

Privilege and disclosure

Third party debt orders: The importance of exclusive jurisdiction clauses

The basis of a decision by the High Court not to exercise its discretion to make a third party debt order, should be of particular interest to banks and financial institutions.

Articles | October 18, 2021

Governing law and jurisdiction

Latest trends in English banking litigation

Our latest analysis of trends in banking litigation shows a continued increase in disputes involving fraud, driven by new capital markets and cross-border structures.

Articles | October 05, 2021

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