DOWNLOAD PDF In this article, Richard Hoyle considers a range of recent English cases which examine fiduciary duties relating to investment or divestment where fiduciaries were either motivated by, or, in contrast, downplayed ESG and climate change issues. In doing so he highlights the potential for fragmented outcomes when comparing different types of fiduciary relationship, […]
Written by Sean Aughey & Amy Sander A. Introduction 1. This article explains the options available to States for intervening in a contentious case before the International Court of Justice (‘the ICJ’). We outline (i) the procedural mechanics (ie, what to do and when) and (ii) the key strategic considerations (ie, whether and how to […]
An article written by Richard Hoyle of Essex Court Chambers Download article as PDF. Introduction Once upon a time, before the advent of the Civil Procedure Rules 1999, a party in civil litigation would extract evidence from their witnesses in support of their case by oral examination in chief. With the Woolf Reforms, witness statements […]
In a new publication, Edmund King QC sets out a list of ways that a case can be conducted badly and highlights some of the most common pitfalls so that you avoid them. I can’t, without looking as absurd as a celibate priest giving a 45 minute wedding homily on the secrets of a successful […]
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 […]
