The In-House Lawyer

Factors to be taken into account when considering an application for an expedited trial In comparison with some other countries, the English court system operates relatively quickly. However, litigation in this jurisdiction still takes time. As a very rough guideline, and depending on the division where proceedings are i... Read more	A clash of jurisdictions  Barry Donnelly (left) and Jonathan Pratt (right) discuss the rules that the English court will apply to a variety of jurisdiction disputes and consider the problems raised by agreements to litigate in a specific forum... Read more
Breach of fiduciary duties: director digs hole for himself The recent decision of the Court of Appeal (on 28 July 2011) in the case of Philip Towers v Premier Waste Management Ltd [2011] sends out a strong message to company directors that the courts ... Read more	Araci v Fallon – are all bets off for American Cyanamid? On Saturday 4 June 2011 the Court of Appeal granted a prohibitory injunction preventing Kieren Fallon, one of the best known flat-racing jockeys in the country, from racing in the most prestigious event of t... Read more
Cost of careless talk In Spring v Guardian Assurance [1995], the House of Lords held that an employer who provided a reference owed an employee a duty to take reasonable care in the preparation of that reference. Therefore, failure ... Read more	Before you call your lawyer… It is often in the interests of businesses to resolve disputes at an early stage in a commercial way, without involving lawyers. This can help to reduce legal costs, avoid disruption to the businesses involved ... Read more
Recent case law relating to expert evidence Doug Wass and Will White discuss three cases that have focused on the role and position of the expert witness, and the practical implications that can be drawn from them, highlighting the changes to future case ... Read more	Government announces decision to implement Jackson reforms On 29 March 2011, following a three-month consultation period, the government announced its intention to implement most of the 'primary' recommendations set out in Lord Justice Jackson's report into the costs of civil litigation in ... Read more
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