News & Insights (Commercial Disputes)

EAR v Project Cargo Policy - The timing of damage

European Group Ltd & Ors v Chartis Insurance UK Ltd [2012]1Commercial Court, 11 May 2012 The Claimants in this case were ...

The WestLB case - standing in the shoes of a calculation agent

The Court of Appeal recently delivered its judgment in WestLB AG v (1) Nomura Bank International plc & (2) Nomura ...

Arch cru: Implications of FSA's first proposed CRS. Liability, Cost and Judicial Review?

On 30 April 2012, the FSA published a consultation paper proposing to impose the first industry wide consumer redress scheme ...

Down but not out - Relief for senior management as FSA loses test case

Relief for senior management as FSA loses test case, but Sants warns that corporate governance issues need to be "urgently ...

Latest public authority swaps litigation ruling kicks the ball back to Italy

The Commercial Court recently delivered its latest judgment in Depfa Bank Plc and Dexia Crediop SpA v Provincia di Pisa [2012] ...

Forced close-out: does a broker have a duty of care to the client?

The Commercial Court has rejected a claim that a clearing broker owed a duty of care to its investment fund client when closing ...

Letters of credit and fraud; can the Contracts (Rights of Third Parties) Act help?

The Commercial Court has roundly rejected a novel attempt by a buyer to prevent payment to the seller under a standby letter of ...

A common sense approach to entire agreement clauses

Incautiously drafted ‘entire agreement’ clauses have had a rough time of it in the courts recently. In Axa Sun Life v Campbell ...

Financial Disputes Update - March 2012

Welcome to the third edition of the Taylor Wessing financial disputes and contentious regulatory newsletter. Every quarter, we ...

When is the bona fide purchaser for value status lost?

The Court of Appeal judgment dated 28 February 2012 in Independent Trustee Services Limited ("ITS") v Susan Morris, is ...

Lehman Brothers client money application – Supreme Court Decision

The much awaited decision in the Lehman Brothers International (Europe) Limited ("LBIE") litigation in relation to ...

Costly matters - personal liability of administrators and liquidators in litigation

For obvious reasons, office-holders such as administrators and liquidators are invariably cautious to avoid any suggestion of ...

FOS departs from established law to hold that losses caused by the financial crisis do not break the chain of causation

On 9 February 2012, the Financial Ombudsman Service ("FOS") issued a provisional decision in a financial mis-selling ...

Court of Appeal rules on enforcement of West Tankers arbitration award

This long running dispute concerned claims arising from an allision involving the vessel FRONT CONNOR and a jetty at an oil ...

Brands Update - February 2012

This issue of Brands Update contains recent important cases from the UK and Community tribunals on registrability of trade marks ...

Accountancy Update - January 2012

Welcome to the first edition of Taylor Wessing's quarterly accountancy newsletter. Our intention is to provide in an easily ...

Fundamental overhaul of EU data protection regime unveiled

A package of draft measures aimed at fundamentally overhauling and harmonising the EU’s data protection regime has been published ...

Radar: Technology & Communications Update - January 2012

We’re starting the year with a ‘what to expect’ preview.  In the current climate, trying to predict what lies ahead seems ...

London banker banned for procuring breaches of Indian investment law

The UK’s Financial Services Authority has banned Jaspreet Singh Ahuja, a Client Adviser in UBS’ international wealth management ...

HSBC acquisition inherits suitability of advice failings

In its largest ever retail fine of £10.5million imposed on HSBC Bank Plc (HSBC), the FSA has once again sought to remind ...

Radar: Technology & Communications Update - December 2011

In our last issue of 2011, we cover the latest developments in two areas which have been recurring themes of the year: online ...

Interpreting contracts: it’s all common sense

The appeal courts are no strangers to spats over contractual interpretation. But not too many reach the Supreme Court. Rainy Sky ...

Failings and foreseeability

FSA claims second wealth management scalp in two weeks On 8 November, the FSA fined Coutts & Company ("Coutts") ...

Law and Jurisdiction - Dodging the triple trigger

Faraday Reinsurance Co Ltd v. Howden North America Inc & Anor [2011] Commercial Court 1 November 2011 Much has been written ...

Confirmation of policy coverage and estoppel

Micoperi SrL v The Shipowners’ Mutual Protection and Indemnity Association [2011] Commercial Court, 21 October 2011 The ...

Financial Disputes Update - November 2011

Welcome to the second edition of the Taylor Wessing financial disputes and contentious regulatory newsletter. Every quarter, we ...

Routine FSA visit leads to £5.95m fine: Lessons to be learned

A routine visit by the FSA to Credit Suisse (UK) Limited ("Credit Suisse") in December 2009 has resulted in the ...

Court of Appeal stops short of confirming anonymity for bank employees reporting POCA suspicions

Shah and Another v HSBC Private Bank (UK) Limited As reported in our earlier eAlert, the High Court previously held that public ...

Asserting privilege in FSA Investigations

Organisations subject to an FSA investigation are often nervous about refusing to provide privileged information to the regulator ...

Taylor Wessing awarded Contentious Trust and Estates Team of the Year at STEP Awards 2011

Contractual time bars: standing the test of time

Firms commonly include contractual time bars in engagement letters (outside audit), limiting statutory limitation periods for ...

The wide reach of the English Courts: Commercial Court rules on matters of foreign law when determining whether a contract is void for illegality

The Commercial Court has held that Ceylon Petroleum Corp ("CPC"), a Sri-Lankan state owned oil company, failed to show ...

Actions speak louder than words, leading to FSA record fine

Failure to implement proper anti-bribery controls over payments to overseas third parties leads to FSA record fine The FSA has ...

Financial Disputes Update - July 2011

Welcome to the first edition of the Taylor Wessing financial disputes and contentious regulatory newsletter. Every quarter, we ...

Taylor Wessing instructed in global fraud case to recover the Madoff Estate

Clause with teeth: Rights of First Refusal and Liability Caps

Right of first refusal clauses are by no means uncommon in commercial contracts.  But they are relatively rarely ...

Open Offers - Navigating the Part 36 Minefield

CPR Part 36 ("Part 36"), under which litigants can make formal settlement offers for costs protection has given rise to ...

ECJ ruling: parties can take comfort in their contractually agreed jurisdiction clauses

Where parties have a contractually agreed jurisdiction clause providing that disputes are to be heard in a particular EU Member ...

Taylor Wessing boosts commercial disputes capability with three new partner hires

Taylor Wessing is delighted to announce the arrival of three new partners to its growing Commercial Disputes group. Tim Strong, ...

FSA enforcement of white-collar crime

Shane Gleghorn and Paul Glass have contributed an article to Financier Worldwide's Fraud and White-collar Crime Global Reference ...

Can you exclude pre-contractual misrepresentations?

The Court of Appeal has found that a boilerplate entire agreement clause was effective in excluding collateral warranties, but ...

Choice of English law and the forum conveniens test

Mujur Bakat BHD v. Uni Asia General Insurance Berhad & Ors [2011]Commercial Court, 18 March 2011 In launching proceedings in ...

Litigation privilege over survey reports - the "dominant purpose" test

Axa Seguros SA v. Allianz Insurance Plc & Ors [2011]Commercial Court, 2 March 2011 This was a case concerning a claim for ...

War Risks - Arrest proceedings and the meaning of "ordinary judicial process"

Melinda Holdings SA v. Hellenic Mutual War Risks Association (Bermuda) [2011]Commercial Court, 18 February 2011 While P&I ...

Fraudulent Claims and Avoidance - Moral Hazard and the use of a "fraudulent device"

Sharon’s Bakery (Europe) Ltd v.  Axa Insurance & Anor [2011]Commercial Court, 9 February 2011 This case represents the ...

Brokers Duties; Municipal Insurance and the creation of insurance mutuals

Broker Duties - Failure to advise insureds on risk improvement requirements Ground Gilbey Ltd v. Jardine Lloyd Thompson UK Ltd ...

Builders' risks - Co-insurance and waiver of liability

BMT Marine & Offshore Survey Ltd v Lloyd Werft Bremerhaven GmbH [2011]Commercial Court, 24 January 2011 Where a Claimant ...

Supreme Court rules on inherent vice; Loss of jack-up rig under tow

Global Process Systems Inc & Anor v. Syarikat Takaful Malaysia Berhad [2011] Supreme Court, 1 February 2011 As Lord ...

Court of Appeal rules in Somali piracy case

Background Under the provisions of the Marine Insurance Act 1906, a total loss of the insured subject matter may be actual or ...

Bunker oil pollution liability insurance and Iranian sanctions

Islamic Republic of Iran Shipping Lines v. Steamship Mutual Underwriting Association (Bermuda) Ltd [2010] - Commercial Court 26 ...

Arbitration Time Limits and the Third Party (Rights Against Insurers) Act 1930

William McIlroy Swindon Ltd v. Quinn Insurance Ltd [2010] Technology and Construction Court, 12 October 2010 The claims arose ...

Innovation and Flexibility in Litigation Funding

Cost control and certainty is key to successful litigation.   We can help you take the risk and cost of litigation ...

Important FSA update: anti-bribery and corruption in Commercial Insurance Broking

The FSA has published its final report following its thematic review of anti-bribery and corruption risks in the commercial ...

Litigation Funding

Cost control and certainty are key elements of successful litigation. The approach to litigation funding is evolving with an ...

Shockwaves through the outsourcing and technology services sector?

Judgment was given in the High Court on 26 January 2010 in the long running case between BSkyB and EDS. The Times reported some ...

Litigation Costs - Lord Justice Jackson proposes sweeping reforms

Following an extensive review of civil litigation costs last year, Lord Justice Jackson's final report on costs has been ...

Bribery Bill Update

On 18 November 2009, the Government confirmed that it intends to put the Bribery Bill before Parliament.

Taylor Wessing survey reveals the future of global dispute resolution

Earlier this year, Taylor Wessing undertook a survey to study the impact of the economic downturn on dispute resolution around ...

Treatment of Bonuses - Expect a Fight

Remuneration in the financial services industry continues to attract considerable press coverage. In addition to the inevitably ...

How does your jurisdiction rank for international dispute resolution? New Taylor Wessing research identifies the best...and the rest

As dispute resolution becomes ever more international, new research by European and international law firm Taylor Wessing LLP ...

Monsanto Technology LLC v Cargill International SA