News & Insights (Litigation & Dispute Resolution)

Loss of cargo in labour dispute

The High Court revisits some important principlesClothing Management Technology Ltd v Beazley Solutions Limited [2012]1London ...

Mesothelioma and the Insurance Trigger

Employers' Liability Policy Trigger LitigationDurham v BAI [2012]1Supreme Court, 28 March 2012 Background This litigation ...

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 ...

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 ...

PI Insurance - mitigation costs and dominant purpose

Standard Life Assurance Ltd v Ace European Ltd & Ors [2012]Commercial Court 1 February 2012 This dispute arose under a ...

Non-Disclosure and want of due diligence - Loss of Hire

Sealion Shipping Ltd & Anor v Valiant Insurance Co [2012]Commercial Court, 20 January 2012 This case concerned a loss of ...

Jurisdiction clauses and exclusivity

Aizkir Navigation Inc v Al Wathba National Insurance Co. P.S.S (2011) QBD (comm) Commercial Court, 16 November 2011 The ...

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 ...

A hat trick of nominations for Taylor Wessing at British Legal Awards 2011

Taylor Wessing launches dedicated Tech City office

Delayed libel claim struck out as abuse of process

Adelson v Anderson and Unite Here! [2011] EWHC 2497 (QB)         The High Court has struck out ...

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 ...

Financial Disputes Update - July 2011

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

Bribery Act 2010 - In Force Today

The long-awaited Bribery Act 2010 comes into force today, implementing a new, far-reaching and comprehensive scheme of bribery ...

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 ...

The Shoesmith judgment – Court of Appeal

Points of interest for public lawyers There has been considerable media coverage of the Court of Appeal's decision to uphold ...

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 ...

Over complexity and funding gap: potential stumbling blocks for Hargreaves' Digital Copyright Exchange

The Hargreaves Review published today recommends that the Government bring together rights holders and other business interests ...

You never give me your money: Competition law, damages actions, and the healthcare sector

Public healthcare bodies that have suffered loss as a result of competition law infringements should consider ‘follow on’ damages ...

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 ...

In the dark about Bribery?

Corruption and ethics lawyers at international law firm Taylor Wessing have today launched a brand new website to help companies ...

The return of the Global IP Index

The Taylor Wessing Global Intellectual Property Index (GIPI) team are delighted to announced the opening of the GIPI3 survey. ...

The Taylor Wessing Insurance and Reinsurance Review of 2010

The Taylor Wessing annual Insurance and Reinsurance Review summarises the key English case law developments in insurance and ...

Corporate Tax Reform - Controlled Foreign Company Rules

The long anticipated document entitled "Corporate Tax Reform" was published by the Government on 29 November 2010. The ...

The UK Supreme Court reformulates the “Honest Comment” Defence

Last week, the UK Supreme Court delivered a media friendly ruling, reinstating a fair comment defence in the case of Spiller and ...

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 ...

MPF award for Taylor Wessing's commitment to sustainability

Taylor Wessing is celebrating after winning the Sustainability Reporting category at the prestigious MPF European Practice ...

LEGO Block

Lego has lost its appeal to the European Court of Justice (ECJ). Yesterday, the ECJ upheld the General Court’s finding that the ...

What's in a link? English law issues with linking online

Linking is a hot topic at the moment, in particular with the NLA's ongoing dispute with Meltwater over its news aggregation ...

Taylor Wessing announces new partner hire to international Insurance and Reinsurance Group

Taylor Wessing has appointed Susannah Wakefield as a partner within the firm's Insurance and Reinsurance group. Susie joins the ...

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 ...

Deposition in England and Wales to support US proceedings

Orders for the Production of documents and giving of oral testimony Depositions of witnesses and the production of documents to ...

Enforcing US judgments in England

Despite the close commercial links between the US and the UK, there is no convention or treaty providing for the reciprocal ...

Injunctive proceedings in England & Wales in support of US proceedings

The English Court may grant injunctions in support of US proceedings under section 25 of the Civil Jurisdiction and Judgments Act ...

Court of Appeal rules that Channel 4 v Fiddes trial will go ahead without jury

The Court of Appeal has today upheld a controversial decision that the high-profile Channel 4 libel trial must go ahead without a ...

High Court orders return of £32m stolen from pension funds

The High Court yesterday ordered the return of £32m stolen from pension schemes in the biggest pensions fraud case since Robert ...

Litigation Funding

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

Protecting the Crown Jewels

This article looks at some of the main IP risks associated with outsourcing product development and manufacture, and sets out ...

Collective redress: the shape of things to come

Proposals for simplification of collective redress procedures in the financial services industry are almost undoubtedly in store, ...

What is the Bribery Act and why is it important to you?

The Bribery Act was passed on 8 April 2010. It is of fundamental importance to all commercial organisations that are either ...

Plea-bargaining: The New Regime

The FSA has been lobbying for some time for statutory powers to use the promise of lesser sentences or, in appropriate cases, ...

FSA’s fine means Lehman cases are on the cards

Last Thursday, the FSA fined RSM Tenon Financial Services £700,000 for failings in its advice and sales processes relating to ...

International asset freezing: the US and UK perspectives

This article examines the remedies available from the US and UK courts to prevent the dissipation of funds pending the ...

BSkyB v EDS

"Shockwaves through the outsourcing and technology services sector?" Judgment was given in the High Court on 26 ...

CFC Proposed Reforms - impact on IP Rich Groups

On 26 January 2010, the Government published a Discussion Document outlining its current thinking on the reform of the United ...

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 ...

Remedies in Procurements - the new Regime

On 20 December 2009 a new regime for remedies in procurements came into force. These are the Public Contracts (Amendment) ...

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 ...

Hobson's Choice - Lord Justice Jackson's Review of Civil Litigation Costs

Lord Justice Jackson's Review of Civil Litigation Costs in the UK has been published today (14 January 2010).  The report ...

Public and Regulatory Law Update - November 2009

The latest update from the Public and Regulatory Law Group aims to provide an overview of some of the key developments in this ...

Structured Product Misselling - Avoiding the Fallout

Another product under scrutiny Structured products (specifically Lehman-backed) are the latest in a long line of products ...

Is harmony achievable in EU dispute resolution?

In the current climate, there has been a marked increase in the willingness of stakeholders to litigate their financial services ...

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 ...

Commercial Disputes Update - Fraud Report

Employee fraud is on the rise - how to detect and prevent it

Taylor Wessing leads £232 million real estate acquisition for Max Property Group

The Wider Implications Process and Lehman Brothers backed structured products

The Wider Implications process is an alternative form of redress to the courts system that can help investors to recover some or ...

Public and Regulatory Law Update - July 2009

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 ...

IP Think Tank - The Global Intellectual Property Index 2009

In this special edition of the IP Think Tank podcast Roland Mallinson and Nigel Stoate chat to Ben Lehman about the just-released ...

Taylor Wessing launches its second Global Intellectual Property Index

With the value of many tangible assets, in particular real estate, falling in the current economic climate, there's a growing ...

Bribery Bill

Taylor Wessing named UK Contentious IP Firm of the Year

European law firm Taylor Wessing LLP was named UK Contentious IP Firm of the Year at the Managing Intellectual Property Awards ...

New Partner for Taylor Wessing in Brussels

Taylor Wessing is pleased to announce the appointment of a new partner, Bart De Moor, to its Brussels office.  Bart De ...

Taylor Wessing's International Dispute Resolution Survey

Hundreds rush to restructuring seminars

The Private Competition Enforcement Review

Overview of recent private antitrust litigation activity in Germany The basis for private cartel enforcement in Germany is the ...

Taylor Wessing advises Fortune Management Inc. on its successful restructuring deal worth EUR 103m

Taylor Wessing LLP recently advised Fortune Management Inc. on the successful restructuring of bonds and loan notes totalling EUR ...

Taylor Wessing LLP boosts Banking and Finance Litigation Practice with hire of Laurence Lieberman from DLA Piper

Taylor Wessing LLP has boosted its Banking and Finance litigation team in London with the hire of Laurence Lieberman as a partner ...

Companies Act 2006 - Guide to October 2008 changes

On 1 October 2007, the new Companies Act 2006 came into force.  How do these changes affect your company?  October 2008 ...

Anti-suit injunctions in arbitration cases

Is it consistent with the Brussels Regulation for a court of an EU Member State to grant an injunction restraining a party from ...

US Service of Suit clause v English Arbitration clause - Who wins?

Ace Capital Ltd v CMS Energy Corporation [2008] The US Service of Suit clause is a common feature of insurance contracts ...

Recent cases and imminent changes in legislation

This update is intended to give you a brief summary (and reminder) of the recent changes and imminent changes to the law relevant ...

Poker face once more: New decision makes it harder for parties to litigation to discover how deep their opponent's pockets are

We reported earlier this year on the High Court decision of Harcourt v FEF Griffith.  In line with modern emphasis of cards ...

Health and Safety: Bank and Insolvency professionals, ignore at your peril

"All change please!" - Sweeping new UK legislation on unfair commercial practices comes into force on 26 May 2008

Criminal liability for unfair business-to-consumer ('B2C') commercial practices and misleading business-to-busines ('B2B') ...

New Partner for Taylor Wessing's Private Client and Tax Practice Group

Taylor Wessing LLP in London is delighted to announce the appointment of Steven Kempster, who joins the firm as a Partner within ...

The Companies Act 2006 - Headline changes

On 1 October 2007, the new Companies Act 2006 comes into force. How do these changes affect your company? Find a brief overview ...

The Companies Act 2006 - Guide to October 2007 changes

On 1 October 2007, the new Companies Act 2006 comes into force. How do these changes affect your company?

The Companies Act 2006 - Guide to April 2008 changes

On 1 October 2007, the new Companies Act 2006 comes into force. How do these changes affect your company? April 2008 changes.

The Companies Act 2006 - Directors' Duties

On 1 October 2007, the new Companies Act 2006 comes into force. How do these changes affect your company's Directors' ...

The Companies Act 2006 - Forewarned is forearmed

Advising directors and companies of the potential pitfalls.

The Companies Act 2006 - Major changes Bank and Insolvency professionals should know

Key changes relevant in restructuring and insolvency situations.

Corporate Manslaughter for Construction Deaths

Is prosecution just a matter of time?

Taylor Wessing boosts Brussels office with Corporate lateral hire

Taylor Wessing has boosted its European Corporate Litigation capability with the appointment of Martine De Witte. Martine is the ...

Taylor Wessing expands its litigation practice

Scottish & Newcastle plc v Raguz - Court Appeal

The Court of Appeal has now given judgment in the appeal of the High Court decision last April.

Patrick Cook joins Taylor Wessing as UK Head of Reconstruction & Corporate Recovery

Recovering internal management and staff costs for time spent on investigating or mitigating damage caused by a wrongdoer and preparing for subsequent litigation

Rights to Light - Developers take care before turning off the lights

As buildings go up, adjoining landowners sometimes feel that they should share a slice of the profit pie, whether they are ...

Frightened of forfeiture - Is it all about to change?

Forfeiture laws are complex and archaic. The good news is that The Law Commission has published a report recommending the ...

New Litigation & Dispute Resolution Partner for Taylor Wessing

New Litigation & Dispute Resolution Partner for Taylor Wessing

Where credit's due

The number of individual bankruptcies in the UK is rising, helped in part by the Enterprise Act 2002. The effect of the new law ...

Success for Taylor Wessing and Independent Trustee Services Limited following advice on £3m pension fraud

Success for Taylor Wessing and Independent Trustee Services Limited following advice on £3m pension fraud

Five new partners at Taylor Wessing

Taylor Wessing advises Independent Trustee Services Limited on largest compensation payment to a pension scheme