Remedies and Enforcement

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Remedies and Enforcement

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Exclusive remedy clauses: A cautionary tale

This article provides a brief overview of exemption and exclusive remedy clauses, and summarises the issues arising from the recent case of Scottish Power UK PLC v BP Exploration Operating Company Ltd.

Law Firm: DLA Piper | Published: 26 July 2017 | Practice Area: Oil

Rating: 3 people found this useful

Back to first principles: the pitfalls of informality in contracts

This briefing looks at a recent case which serves as a useful reminder of first principles in relation to contract formation, as well as highlighting the risks of taking a relaxed approach to documenting contractual arrangements, particularly when the subject matter is high value.

Law Firm: RPC | Published: 03 July 2017 | Practice Area: Litigation

Rating: 14 people found this useful

Breaking serve: risks when serving English proceedings within the EU

The High Court has handed down judgment in a case which will be of interest to claimants litigating disputes against defendants in the European Union. It centres on the nature of EU Regulation 1393/2007 and the English Court’s approach to curing defects in service under it.

Law Firm: 20 Essex Street | Published: 05 July 2016 | Practice Area: Litigation and Dispute Resolution

Mediation: a back-to-basics guide

Mediation is essentially negotiation, but with the added assistance of a neutral, independent third party mediator appointed jointly by the parties. This DLA Piper briefing looks at the pros and cons of mediation, when it might be reasonable to refuse to mediate, and other key issues to consider.

Law Firm: DLA Piper | Published: 17 June 2016 | Practice Area: Practice and Procedure

Rating: 5 people found this useful

Litigation funding cements England’s insolvency litigation hub status

The English High Court is an attractive forum for insolvency litigation thanks to the combination of powers available to practitioners under the Insolvency Act 1986, and the increasing availability of litigation funding arrangements. This article looks at the growth of litigation funding.

Law Firm: Latham & Watkins | Published: 16 June 2016 | Practice Area: Remedies and Enforcement

Rating: 2 people found this useful

A guide to dispute resolution in Africa

This guide provides a concise overview of the issues relating to litigation and arbitration in nine key African jurisdictions. Countries covered include Botswana, Kenya, Madagascar, South Africa, Tanzania, the Democratic Republic of Congo, Guinea, Togo and Uganda.

Law Firm: Bowmans | Published: 14 June 2016 | Practice Area: Alternative Dispute Resolution

Rating: 4 people found this useful

A case of winning the battle and losing the war: Yukos v Russia

This April, the Hague District Court set aside the $50bn damages award issued against Russia in 2014 in the dispute over oil giant Yukos. This briefing looks at whether arbitral awards that have been set aside at the seat of the arbitration can, and should, be recognised and enforced elsewhere.

Law Firm: DLA Piper | Published: 08 June 2016 | Practice Area: Oil

Rating: 2 people found this useful

Interim report published in Civil Courts Structure Review

Lord Justice Briggs's interim report in his review of the future of the civil courts structure was published this week. A key assumption underlying the review is that it will be possible to move to a completely digital court structure - this briefing looks at the key aspects of the report.

Law Firm: Herbert Smith Freehills | Published: 14 January 2016 | Practice Area: Remedies and Enforcement

Rating: 1 person found this useful

Expert evidence - needed or not?

In this briefing Bond Dickinson looks at a recent case which highlights the use of expert evidence, in particular within proceedings relating to the provision of professional services by a firm of chartered quantity surveyors.

Law Firm: Womble Bond Dickinson | Published: 18 December 2015 | Practice Area: Arbitration

Directors' duties and the 'proper purpose' rule: Supreme Court case raises questions

In Eclairs Group v JKX Oil & Gas, the UK Supreme Court reviewed the law relating to directors’ duties, and in particular in connection with the so-called ‘proper purpose’ rule in relation to exercise by the directors of their powers. This Harneys brief looks at the implications of the case.

Law Firm: Harneys | Published: 16 December 2015 | Practice Area: Company Administration

Rating: 4 people found this useful

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