This paper, by David Foxton QC and Colin Liew, provides an update on the issue of “privilege”, which in broad terms is concerned with the issue of when a document has a “privileged” or “special status” such that it cannot be called for or deployed by another party. It considers recent case law in both jurisdictions […]
News & publications
The Supreme Court today hears argument in Egon Zehnder v Tillman, as to the application of restraint of trade principles in shareholder restraints, the proper approach to construction of covenants in restraint of trade, and as to the doctrine of severance. It is the first employee competition case to be considered by the House of […]
This paper, written by David Foxton QC with the assistance of Professor Goh Yihan, and presented by them at them at the Singapore Academy of Law on 9th January 2019, reviews a number of issues concerning the rule against the recovery of reflective loss, surveying case law from England, Singapore, Hong Kong and other common […]
From 1st January 2019, any party commencing or continuing proceedings in the Commercial Court will have to be aware of the Disclosure Pilot Scheme. The changes to the disclosure regime contained in the Pilot are extensive and David Walsh gives an overview of them in this briefing note: The New Disclosure Pilot in the Commercial Court An […]
Four cases involving members of Essex Court Chambers are featured in The Lawyer’s Top 20 cases with proceedings set to be heard in court during 2019. The list includes cases with the most significant sums in dispute as well as disputes involving high profile parties or issues. The cases involving members of Essex Court Chambers […]
In December 2018, Middle Temple Parliament approved the appointment of Andrew Hochhauser QC as Deputy Treasurer Elect for Middle Temple for 2019. This means he will be Treasurer in 2021.
From 1st January 2019, any party commencing or continuing proceedings in the Commercial Court will have to be aware of the Disclosure Pilot Scheme. The changes to the disclosure regime contained in the Pilot are extensive and David Walsh gives an overview of them in this briefing note: The New Disclosure Pilot in the Commercial […]
The members of Essex Court Chambers are delighted to announce that Dame Rosalyn Higgins DBE QC has recently been honoured with the award of a Dame Grand Cross (GBE) in the New Year’s Honours list 2019. The short citation included in New Year’s Honours 2019: Foreign and Commonwealth Office press release states that the GBE goes to […]
The arbitral tribunal in Oschadbank v Russian Federation has rendered the first award concerning both jurisdiction and merits in relation to claims under the Russia-Ukraine Bilateral Investment Treaty arising out of the annexation of Crimea (https://uk.reuters.com/article/ukraine-russia-oschadbank/ukraines-oschadbank-awarded-1-3-bln-from-russia-over-crimea-loss-idUKL8N1Y15GC). In accordance with one of the main methods of proving the applicable law in investment treaty arbitration, Professor Malcolm Shaw […]
On 10 December 2018 the Court of Justice of the European Union ruled in Wightman v Secretary of State for Exiting the European Union that the United Kingdom was entitled unilaterally to revoke the notice of its intention to leave the European Union delivered under article 50 of the Treaty on European Union. The Full […]
Essex Court Chambers has received 12 nominations across 10 categories for the Legal 500 UK Awards 2019. Head of Chambers, David Foxton QC, Head of Chambers said “we are delighted at the excellent showing of Essex Court Chambers in the nominations for the Legal 500 Awards for 2019, with nominations as a set across five practice […]
An injunction has been granted by the Commercial Court to an international company in order restrain a former senior employee from working for a competitor in breach of an 18 month non-competition covenant contained in a Shareholders Deed which also contains clause in favour of LCIA arbitration. The Court considered the proper application of Egon […]
