Legal Briefing

The broke broker: justly enriched? Benedetti v Sawiris in the Supreme Court | Edwards Wildman Palmer UK LLP

It really happens, apparently, in the world of international high finance: a broker is so keen to close the deal that they somehow forget to get their fee agreed. More realistically, of course, they are looking to time their agreement to the point at which the principal is in the best mood to agree the …

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Managing global legal 
and expert spend | LSG

Case study, ACE Group: LSG outline the lessons that in-house lawyers can learn from their collaboration with ACE Group to control legal budgets. The ACE Group is one of the world’s largest multiline property and casualty insurers. With operations in 53 countries, ACE provides commercial and personal property and casualty insurance, personal accident and supplemental …

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and expert spend”

Repudiation, anticipatory breach and conditions in a contract for services | Brodies

Kuwait Rocks Company v AMN Bulkcarriers Inc [2013]: in considering that a time charterparty is essentially a contract for the provision of services, the Commercial Court has held that a particular clause, that of the payment of hire, is a condition. The case concerns the interpretation of the hire clause in the NYPE 1946 charter …

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Renewing a business lease: a step-by-step practical guide | Falcon Chambers

In light of the reforms to the Civil Procedure Rules (CPR) which came into force on 1 April 2013, and, in many cases, commercial pressures, in-house lawyers may have to reconsider how to resolve small to medium-sized disputes. The key points are highlighted in the context of a typical lease renewal pursuant to the Landlord …

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The US Supreme Court reins in the Alien Tort Statute and brings relief to global product manufacturers | Shook, Hardy & Bacon

The extra-territorial reach of US courts has long been a source of controversy and consternation for product manufacturers with global operations, due to such features of US law as discovery applications abroad in aid of US litigation,1 
or the threat of the Foreign Corrupt Practices Act.2 Another weapon in the arsenal of US plaintiff lawyers …

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There’s a new sheriff in town: the Jackson reforms and the new culture of ‘robust’ case management
 | Macfarlanes

In his final report into the costs of civil litigation in England and Wales, Jackson LJ expressed the view that: ‘… courts at all levels have become too tolerant of delays and non-compliance with orders. In so doing they have lost sight of the damage which the culture of delay and non-compliance is inflicting on …

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”

The EC Commission’s proposal for changes to the EC regulation on insolvency proceedings | Druces LLP

The EC regulation on insolvency proceedings1 (the Regulation) was introduced as a directive taking effect in the laws of member states of the European Union, without the need for member states to pass any local law of implementation. It has been part of EU law and the law of the United Kingdom since 31 May …

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Maintainability of writ petitions against interdepartmental communications of the government that do not finally determine any right or obligation of the parties | Amarchand Mangaldas

In the recent case of State of Orissav M/s Mesco Steels Ltd (decided on 6 March 2013), the Supreme Court examined the question of whether a writ petition (initiated under Article 226 of the Constitution of India) filed by the respondent company against the state government of Orissa was premature, inasmuch as the same was …

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One strike and 
you’re out | Magrath Sheldrick LLP

On 23 May, the Home Office published immigration statistics providing the latest figures on those subject to immigration control, for the period up to the end of March 2013. The statistics demonstrate that immigration abuse is being tackled. The Home Office states that while they continue to encourage the brightest and best migrants, who contribute …

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you’re out”

Passive investments and the EU Merger Regulation | Arnold & Porter (UK) LLP

Passive investments and 
cross-directorships among competing companies are common across numerous industries such as banking, airlines, energy and automotives. There are various motivations for these types of arrangements, such as a desire to invest in a familiar industry, or to spread risk, share know-how and form strategic alliances.