Thevarajah v Riordan [2015] UKSC 78: No relief from the Supreme Court – Article by Dov Ohrenstein
Dov Ohrenstein considers the significance the Supreme Court’s decision in Thevarajah v Riordan [2015] UKSC 78 which addressed the question of whether belated compliance with an unless order could amount to a material change in circumstances for the purposes of setting aside a refusal to grant relief from sanction. Click here to read the full […]
“Re BCA Pension Plan [2015] EWHC 3492 (Ch): Setting things straight on rectification proceedings” – Interview with Henry Day
Henry Day has been interviewed by LexisPSL Pensions on the decision in Re BCA Pension Plan [2015] EWHC 3492 (Ch). Click here to see the full interview.
Charities (Protection and Social Investment) Bill – Article by Francesca Quint
Francesca Quint has provided a commentary on this Bill and its key clauses. “This Bill, which had its Second Reading in the House of Commons on 3 December, has attracted considerable comment on behalf of both the Charity Commission and the representatives of charities. It is divided in two contrasting parts….” Please click here to […]
Marks & Spencers: Refunds and implied terms – Article by Dov Ohrenstein
Dov Ohrenstein analyses last week’s decision of the Supreme Court in Marks & Spencers v BNP Paribas [2015] UKSC 72, which should be of interest to anyone considering the question of how and when a court will imply terms into contracts. Please click here to read the full article.
Eclairs Group Ltd v JKX Oil & Gas plc [2015] UKSC 71: A sticky problem for directors? – Article by Dov Ohrenstein
The Supreme Court this week handed down judgment in Eclairs Group Ltd v JKX Oil & Gas plc [2015] UKSC 71 concerning directors’ powers under sections 793-797 of the Companies Act 2006 which provide that a company can issue a disclosure notice calling for information about persons interested in its shares and can restrict the […]
When do lawyers come under enhanced/wider duties? Giambrone and all that – Article by Shantanu Majumdar
Off the back of his successful involvement in the case of Various Claimants v Giambrone & others [2015] EWHC 1946 (QB) – the Professional Negligence Bar Association asked Shantanu Majumdar to speak at their Annual Lawyers’ Liability Conference last month on one aspect of this many-faceted case. Here are the lecture notes.
Challenging fraudulent judgments – Article by Dov Ohrenstein
To set aside a judgment on the grounds of fraud, is it necessary to show that the evidence of fraud was unavailable at the trial and could not have been obtained with reasonable diligence? In May 2015, two High Court Judges gave totally contradictory answers to this question. Please click here to continue reading this […]
Tracing backwards and through overdrawn accounts – Article by Dov Ohrenstein
Anyone involved in cases concerning the tracing of assets will be interested in Durant v Brazil [2015] UKPC 35, a recent decision of the Privy Council. In this article Dov Ohrenstein examines this case and its impact on future cases. Please click here to read the full article.
In good faith? What is the impact of the good faith doctrine on commercial contracts – Article by Dov Ohrenstein
Dov Ohrenstein writes for the New Law Journal on the impact of the good faith doctrine on commercial contracts. The article can be accessed here.
An impossible position: fraud claims, solicitors and their fees – Article by Shantanu Majumdar
This article written by Shantanu Majumdar considers a solicitor’s liability to account in respect of fees received from its defendant client where a claimant makes a proprietary claim to the proceeds of fraud Please click here to read the full article.
