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Final Judgment:

We send out a regular email update sharing our views on particular legal developments and trends that impact on dispute resolution.   

Referring to legal advice in evidence: a word of caution - Giving witness evidence is an unenviable task.  Amongst the myriad of issues that a witness has to keep in mind when preparing his evidence, and dealing with cross examination, is the need to avoid inadvertent waiver of privilege over all of the confidential legal advice he has received.

A recent application in Ackerman v Ackerman [2011] EWHC 3428 (Ch) (in which BLP acted for the Defendant) provides a salutary reminder of this risk.  However it also offers some reassurance that a witness is unlikely to waive privilege simply by making a passing reference to the fact that advice was sought.  Read more >

Disaster Recover: What happens to your contracts if the Euro fails? - Despite repeated assurances by Europe’s political leaders to the contrary, there is a growing fear that the euro cannot be sustained in its current form.  The potential political, economic, and logistical turmoil has been the subject of much discussion in recent days.  However, the possible legal implications remain largely unexplored.  This edition of Final Judgment considers what might happen to English law contracts which provide for payment in euros, should the euro undergo substantial reform or cease to exist.  Read more >

Agreeing to disagree? - All too often parties find themselves disagreeing over whether the written contract between them reflects their respective true intentions.  In Daventry v Daventry, the Court of Appeal resolved such a dispute by allowing rectification of the disputed contract, with the alarming consequence that the defendant was liable to meet a pension deficit of £2.4m - a liability which the defendant had no intention to accept when the contract was signed (and did not have the funding to meet).  Read more >  
 

Our views:

Eurozone Bust-up? - BBC Business Daily - Oliver Glynn-Jones, litigation and dispute resolution partner at Berwin Leighton Paisner notes that "When the eurozone was created the European Council legislated to ensure it was a smooth transition into the euro, but no one has ever contemplated the possibility of states existing the eurozone. So the reality is that no one really knows how its going to work." To listen to the show, click here.

Jacksons reforms: where are we now?  In this brief overview we look at what is in store for 2012.  Read more >  

Leniency and Disclosure - Ed Coulson writes for the Competition Law Insight regarding the Pfleiderer decision.  Read more >

 

Archive:

To access our archived news & views articles please click here.

 

Get in touch

Nathan Willmott

Nathan Willmott

BLP
Partner, Head of Corporate & Commercial Disputes

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