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Legal advice privilege: only for lawyers
The Court of Appeal has today handed down judgment confirming that legal advice privilege does not apply to any professional other than a qualified …
Privilege after Akzo - a checklist for in-house lawyers
The European Court of Justice decision in Akzo confirms that, for the purposes of EU law, legal professional privilege does not apply to communications …
Jurisdictional test for pre-action disclosure considered by the High Court
Flaux J in Alan Kneale v Barclays Bank plc [2010] EWHC 1900 (Comm) has taken a robust approach to an application for pre-action disclosure of a credit …
New rules in relation to the disclosure of electronic documents in High Court proceedings
A new Practice Direction (PD) and Electronic Documents Questionnaire will apply to the disclosure of electronic documents in multi-track cases started in …
Conflicting jurisdiction clauses in complex financial transactions – further guidance from the Court of Appeal
The turmoil in economic markets has not surprisingly resulted in a number of court cases concerning complex financial transactions often with …
High Court revisits the jurisdictional scope of freezing injunctions against third parties
It has long been held that the English court has power to grant a freezing injunction against a third party (against whom no claim lay), provided that it …
Court of appeal rules on whether justice could be obtained in Ukraine courts
In Pacific International Sports Clubs Limited v Igor Surkis & Ors [2010] EWCA Civ 753 the Court of Appeal had to consider the circumstances in which …
European Court of Justice confirms that privilege does not apply to in-house lawyers under EU competition law
The European Court of Justice (ECJ) has today handed down judgment in the Akzo privilege case, confirming that legal professional privilege does not …
Endeavouring to understand endeavours obligations
"Reasonable endeavours", "best endeavours" and "all reasonable endeavours" undertakings are commonly found in all types of commercial contracts and are …
US Supreme Court restricts the extra-territorial application of US securities legislation
In a decision of great significance to non-US issuers and their shareholders, the US Supreme Court has clarified and restricted the extra-territorial …
Part 36 offers: make your intentions clear
In a judgment handed down on Friday 25 June, the Court of Appeal has held that an offer made under Part 36 of the Civil Procedure Rules (CPR) may remain …
The Review of the Brussels Regulation and the efficacy of jurisdiction and arbitration clauses
The Brussels Regulation (Council Regulation (EC) No 44/2001) sets out detailed rules on the jurisdiction of courts and the enforcement and recognition of …
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Alan Watts
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