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High Court strikes out representative element of claim against British Airways
In a judgment handed down on 8 April 2009 in Emerald Supplies Ltd v British Airways PLC [2009] EWHC 741 (Ch), the High Court has confirmed the strict …
Penalty clauses - recent cases
It is often difficult for contract drafters to know whether a term which provides for financial consequences of a certain event will be construed as a …
Are the English courts ready for service through Facebook?
On 16 December 2008, a judge in the Australian Capital Territory Supreme Court permitted service of a default judgment via the social networking site, …
ECJ prohibits use of anti-suit injunctions in support of arbitration agreements in the EU
The European Court of Justice ("ECJ") has today issued its judgment confirming the Advocate General's ("AG") Opinion of 4 September 2008 that anti-suit …
Class actions reform: Civil Justice Council publishes its final report to government
On 12 December 2008 the Civil Justice Council (CJC), the advisory body responsible for co-ordinating the modernisation of the civil justice system, …
Court of Appeal upholds application of jurisdiction clause and reinforces doctrine of separability
Following the first instance decision of Flaux J in this case in April, there had been considerable uncertainty regarding the extent to which a party …
Enforceability of exclusion clauses – Court of Appeal decision
In a recent judgment, the Court of Appeal has provided some useful guidance on how the courts might approach the enforceability of exclusion clauses: …
Civil Justice Council recommends expansion of collective action regime
On 5 August 2008, the Civil Justice Council (CJC), the advisory body responsible for co-ordinating the modernisation of the civil justice system, made 11 …
Contractual damages
The judgment of the House of Lords in Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas) [2008] UKHL 48 considered the law on recoverable …
No jurisdiction to order disclosure of insurance cover
In a recent decision, the High Court has stated that it has no jurisdiction to order disclosure of insurance cover under CPR 18: West London Pipeline and …
Conduct at mediation and its impact on costs assessed by the courts
In two recent cases (7th Earl of Malmesbury and others v Strutt & Parker [2008] EWHC 424 (QB) and Nigel Witham Ltd v Robert Smith and others [No.2] …
Think carefully before refusing to mediate
The court may penalise a party in costs even if it takes the view that any mediation would have been unlikely to succeed: Attorney General of Zambia v …
Showing 1,932 out of 1,955 results
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Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
Maura McIntosh
Knowledge Counsel, London
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Knowledge Lawyer, London
Camilla Macpherson
Knowledge Lawyer, London