Issues

ADR: endorsement of arbitral awards

The parties to Primera Maritime (Hellas) Ltd & Others v Jiangsu Eastern Heavy Industry Co Ltd had sought to resolve their shipbuilding contract dispute at an arbitral tribunal. The tribunal found in favour of the defendants and, unhappy, the claimants mounted a court challenge under section 68 (2) (d) of the Arbitration Act 1996 arguing that the […]

Unsuitable contracts: incomplete, but binding nonetheless

In today’s fast-moving commercial world where email negotiations abound, and particularly in spot-market transactions such as the crude oil trading that was the subject of Proton Energy Group SA v Orlen Lietuva, it is all too easy for parties to become inadvertently bound to unsuitable contracts. In this case the claimant sent an email to the […]

Contracting parties: do you know who you’re dealing with?

In the last issue of Disputes Matter we reviewed a case where the Court of Appeal had to ascertain whether an individual or his company was a contracting party. The position is often further complicated, and confusion and mistakes arise, when one of the contracting parties is part of a corporate group. In Liberty Mercian Ltd v Cuddy Civil Engineering […]

One law firm’s mistake becomes a grave lesson for litigators

The Court of Appeal has handed down one of the most keenly awaited court judgments of the year. The decision in Mitchell MP v News Group Newspapers Ltd makes clear that those who do not comply with the new court rules will be penalised heavily in costs with no — or very little — chance of […]

Clarification of corporate contempt

In underlying proceedings to Back Office Ltd v Percival & Others, former employees of Back Office who had set up a rival payroll services firm settled claims for breach of fiduciary duty, breach of covenant and unlawful conspiracy. Settlement was achieved by the giving of undertakings that the rival firm, known as Liquidity, and named ex-Back Office […]

Linklaters and Slaughters play FTSE

According to Adviser Rankings’ data for the last three months, a rare phenomenon is upon us. According to Adviser Rankings’ data for the last three months, a rare phenomenon is upon us. For only the second time since the guide began in 2005, Linklaters has come nose to nose with longstanding frontrunner Slaughter and May […]

Asia Pacific

Linklaters names new Asia managing partner

Linklaters has named its current Greater China and global litigation head Marc Harvey as Asian regional managing partner to succeed outgoing Stuart Salt. Harvey will take up the reins in February 2014 in an uncontested appointment, marking his second attempt at the role. He replaces Stuart Salt, who will stand down after a single four-year […]

King & Spalding partner moves to Serle Court as barrister

A King & Spalding solicitor-advocate has transferred to the bar, joining Serle Court Chambers after 15 years working for international firms. Competition partner Suzanne Rab has transferred to chancery and commercial chambers Serle Court as a senior practitioner to advise on EU competition law and regulation. The unusual move marks the growing importance of the […]

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Slaughters divvies out discretionary bonuses after remuneration re-jig

Slaughter and May is paying a discretionary bonus to all staff for the first time since it abandoned its rigid associate lockstep in May. The firm said that pay-outs will differ according to post-qualification experience (PQE) and, to a lesser extent, performance. The amount awarded is determined by appraisals which took place in May, and […]

London

Linklaters draws level with Slaughters in FTSE 100 client rankings

Linklaters has as many FTSE 100 clients on its books as sector leaders Slaughter and May for only the second time since 2005. According to the latest data provided by Adviser Rankings, both firms had confirmed client relationships with 30 FTSE 100 companies in the three months from August to November 2013. Linklaters held steady […]

sydney harbour bridge australia

Asia moves: 2 December

All the latest partner hires and other appointments within firms and offices in the Asia Pacific region. Australia Allen & Overy (A&O) has hired partner Peter McDonald from Herbert Smith Freehills to build up the firm’s antitrust and competition practice in Australia. McDonald will be based in A&O’s Sydney office and will be a partner […]