This article by David Foxton QC challenges the judicial interpretation of  s. 213 Insolvency Act 1986, which has created a species of accessory liability of striking width and imprecision. It argues that s.213 was never intended to apply to outsiders transacting with the company, and that the two key concepts of “carrying on business” and being “knowingly party” […]

In Halliburton v Chubb [2018] EWCA Civ 817 the Court of Appeal rejected a challenge to an arbitrator in a Bermuda Form case based on multiple appointments by the same party and in related cases. The problem of “frequent flyers” is a controversial topic. Paul Stanley QC, co-author of a text-book on the Bermuda Form, […]

Article by Paul McGrath QC, Essex Court Chambers and Bernard O’Sullivan, Olswang LLP in which they take a practical look at how litigators can use an application for or threat of committal and other sanctions as a tactic to dispose of litigation, published by Practical Law. The expense of international commercial fraud litigation has encouraged […]

The crisis in Crimea has led to EU economic sanctions listing Russian individuals involved in Russia’s bid to absorb the peninsula. The aim is to force Russia to change course. Germany’s Chancellor Merkel is reported as saying that the EU has listed different individuals to the US because the EU is bound by the requirement […]

Article appeared in Entertainment Law Review issue 2 2014 published by Thomson Reuters.

Arbitration International, Issue 3, pp. 361–379 Publisher: Kluwer Law Online 

Essays in Memory of Sir Ian BrownlieEdited by Maurizio Ragazzi In December 2011, the United Nations General Assembly adopted the International Law Commission’s articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study […]

“The decision in Sinclair v Versailles to favour the reasoning of Lister v Stubbs over A-G of Hong v Reid has substantially reduced the ambit of proprietary claims arising from a breach of fiduciary duty but in manner which fails to take into account the legitimate arguments on both sides of the debate and which […]