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05 September 2019
Issue: 7854 / Categories: Case law , In Court , Law digest
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Weekly law digests

Contract

Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC), [2019] All ER (D) 86 (Aug)

The clear purpose of cl 11.2 in the agreement between the parties was the mandatory requirement to operate the dispute resolution procedure in cl 11 before the parties became entitled to institute proceedings. Although the term 'condition precedent' was not used, the words used were clear that the right to commence proceedings was subject to the failure of the dispute resolution procedure, including the mediation process. Accordingly, the agreement contained a dispute resolution provision that operated as a condition precedent to the commencement of legal proceedings. Consequently, the Technology and Construction Court ordered a stay of the proceedings to allow the parties to arrange and attend a mediation.

Employment

Hinrichs and others v Oracle Corporation UK Ltd UKEAT/0194/18/RN, [2019] All ER (D) 76 (Aug)

The Central Arbitration Committee (CAC) had correctly decided that in exceptional circumstances affecting employees' interests, where para 8 of Sch 1 to the Transnational Information and Consultation of Employees Regulations

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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