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We send out a regular email update sharing our views on particular legal developments and trends that impact on dispute resolution.
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 >
Protecting employees' identities from disclosure - The Court of Appeal's decision in Shah v HSBC provides helpful guidance as to when such redactions may be permissable, and should encourage litigants take a more robust approach to redacting irrelevant material. In the specific context of bank staff reporting money laundering suspicions, the judgment provides comfort that a their identity is unlikely to be considered relevant so as to justify disclosure, and/or such disclosure would not be in the public interest. Read more >
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 >
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