Inside disputes

LIBOR discontinuation, tough legacy contracts and the legislative solution - where are we now?

With the introduction of the Financial Services Bill (the FS Bill) into Parliament in October last year and regulated firms working hard towards transitioning away from LIBOR by end 2021, this post focuses on the FCA’s proposed new powers to address so-called “tough legacy” contracts.

Articles | February 01, 2021

LIBOR discontinuation

Can reference to client-solicitor communications in a witness statement constitute waiver of privilege?

In Guest Supplies Intl Ltd v South Place Hotel Ltd and another [2020] EWHC 307 (QB), the High Court held that communications with one’s solicitor, referenced in a witness statement, can constitute a waiver of legal professional privilege notwithstanding any express denial of waiver. This decision has echoed the Court’s approach in PCP Capital Partners v Barclays Bank [2020] EWHC 1393 (Comm), suggesting that judicial consensus has been reached on the waiver of privilege when relying on legal communications in litigation.

Articles | January 28, 2021

Privilege and disclosure

Early stages of a dispute: Practical tips for protecting your position

The Covid-19 pandemic and surrounding economic uncertainty is likely to lead to a significant rise in disputes.

Articles | January 27, 2021

Contractual interpretation

The "subject to contract" label

The Court of Appeal has provided helpful guidance on the effect of the words ‘subject to contract’ in the context of negotiations.

Articles | January 18, 2021

Contractual interpretation

Admissibility of pre-contractual negotiations in actions for rectification

Parties should be alive to the complications that an action for rectification may cause, if brought alongside or in the alternative to an action raising a point of construction.

Articles | December 18, 2020

Contractual interpretation

Issues to consider when serving a claim form via social media

English courts have a wide discretion to authorise service of a claim form. CPR 6.15(1) grants that “where it appears to the court that there is good reason… the court may make an order permitting service by an alternative method or alternative place”.

Articles | December 14, 2020

Blog post

Scope of legal advice privilege for foreign in-house lawyers

The scope and application of legal advice privilege for foreign in-house lawyers has been clarified by the English Commercial Court.

Articles | December 07, 2020

Privilege and disclosure

Can an invalid deed be enforced as a contract?

The High Court has held that a defective deed may be enforced as a simple contract, so long as the document is valid as a contract and it is not a matter for which a deed is required.

Articles | November 30, 2020

Contractual interpretation

Cross-border Q&A – Can foreign entities without an English equivalent be a party to litigation?

Separate legal personality is bestowed upon different entities in different legal systems.

Articles | November 26, 2020

Governing law and jurisdiction