THIS ISSUE
Freezing injunctions are 50 years old next year and still very much a developing area of law. In this week’s NLJ, Mary Young, partner, and Charlotte Dormon, associate, in the dispute resolution team at Kingsley Napley, take us through a raft of cases decided this year.
Should an immoral regime rise to power, it is tempting to think lawyers and the rule of law would act as a protective wall. But is this true? Sadly, history suggests not, as John Gould, chair of Russell-Cooke, writes in this week’s NLJ.
Retired costs judge John O’Hare discusses ADR in three contexts, in this week’s NLJ. He covers cases provisionally allocated to the small claims track, commercial litigation in the County Court, and claims opposed by liability insurers or by large self-insuring organisations such as local authorities or health authorities.
Ambiguity over the governing law of arbitration agreements continues to spark debate. In July, meanwhile, the government reintroduced the Arbitration Bill, which would have altered the outcome in September of the Supreme Court case, UniCredit. In this week’s NLJ, Valya Georgieva, senior associate, Penningtons Manches Cooper, and Ravi Aswani, barrister, 36 Group, examine the court’s reasoning and consider how the outcome might have differed if the Arbitration Bill, currently before Parliament, had been in force.
The remedy of ‘specific performance’ is little-used but can be ‘extremely beneficial’ in M&A disputes. In this week’s NLJ, Yasseen Gailani, partner, and Megan Hiluta, senior associate, Quinn Emanuel, explain why looking beyond the remedy of damages may pay dividends for clients.
In a system ruled by immoral leaders, it may be fanciful to believe that lawyers can or will make a difference: John Gould considers a chilling lesson from history
Even after five decades of freezing injunctions, the courts are still regularly asked to clarify the law: Mary Young & Charlotte Dormon round up this year’s causes of confusion
Charles Pigott outlines key employment measures contained within the government’s Employment Rights Bill
Yasseen Gailani & Megan Hiluta consider the advantages of the little-used remedy of ‘specific performance’
The Arbitration Bill is back on the agenda—but how would it have affected the outcome of the UniCredit case? Valya Georgieva & Ravi Aswani consider the implications
MOVERS & SHAKERS
London Solicitors Litigation Association—John McElroy
Fieldfisher partner appointed president as LSLA marks milestone year
Kingsley Napley—Kirsty Churm & Olivia Stiles
Firm promotes two lawyers to partnership across employment and family
Foot Anstey—five promotions
Firm promotes five lawyers to partnership across key growth areas
NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’
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