Dispute Resolution Bulletin - January 2018

Welcome to the tenth edition of the Dispute Resolution Bulletin - an e-bulletin from the dispute resolution team containing news about recent and topical developments here and in dispute resolution law.

Contact our experts for further advice

Michael Frisby,

Richard Mumford

Contents

IN THE NEWS
INDUSTRY NEWS
S&B NEWS
UPCOMING EVENTS

IN THE NEWS

Third party costs liability and group companies: Beware of inadvertently creating a costs exposure by funding litigation
A recent decision of the High Court has highlighted the need for group companies to be particularly cautious when considering whether to provide assistance for the purpose of bringing or defending claims. The court has discretion to determine by whom and to... Read more
Twenty-first century wills: Australian Court rules unsent text message is a valid will
A recent decision of the Brisbane Supreme Court reported by various news outlets has highlighted the different approach taken by other countries to the formality requirements of wills. Justice Susan Brown ruled that an unsent text message found in the... Read more
High Court exercises its powers to remove an arbitrator in a recent case and a reminder of the importance of precedent
Tonicstar Limited v Allianz Insurance and Sirius International Insurance Corporation [2017] EWHC 2753 Arbitration is often favoured by parties because it offers more flexibility, including the fact that parties are able to choose the arbitrator/s to... Read more
The Power of the Minority Shareholder
Do you know exactly what rights and protections minority shareholders enjoy? The answer to this question is something that every entrepreneur should understand because minority shareholders have the power to cause irreparable damage to your business if... Read more
Court confirms the late payment legislation does not provide automatic entitlement to costs in adjudication
There has been some debate as to whether or not legal costs incurred in pursuing debt claims in adjudication might be recoverable under the Late Payment of Commercial Debts Interest Act 1998. In an article published last year , I counseled against any... Read more
Notification Orders - A Less Nuclear Option in Legal Cases?
We have seen a flurry of activity for injunctions and potential injunctions over the past few months. See Catherine Penny’s article in WealthBriefing about ‘Notification Orders – A Less Nuclear Option in Legal Cases?’ (subscription required) which discusses a novel alternative to seeking a freezing injunction, namely an order requiring a defendant to notify the claimant before any assets are sold or moved. READ MORE
Who bears the burden of currency fluctuation in international disputes?
Disputes involving a foreign currency may very well expose you to complexities in the Foreign Exchange Market that can leave you out of pocket. This involves both the currency of your claim for damages, and the currency for your legal costs incurred. See Lorna Sleave and Catherine Penny’s article in Corporate Disputes (subscription required). READ MORE
Small Business Commissioner: Payments complaints scheme now open
The role of the Small Business Commissioner (“SBC”) was created under the Enterprise Act 2016. The SBC is now available to accept complaints from small businesses with a view to helping them resolve payment disputes with larger businesses and... Read more
New disclosure pilot winging its way to the Business and Property Courts
A working group chaired by Lady Justice Gloster has released new disclosure rules which seek to simplify the current disclosure rules. The proposed rules are the subject of a consultation which runs until 28 February 2018, after which it is intended for... Read more
INDUSTRY NEWS

Brexit
Brexit is a topic which is relevant across all parts of the business world and at Stevens & Bolton we have a Brexit working group which is monitoring areas of relevance for our clients. In his note Article 50: what next for international contracts? in Financier Worldwide, Michael Frisby looks at the implications in particular in the context of international contracts. READ MORE
Business-friendly Court reforms
A number of recent reforms to the English courts will have a noticeable impact on businesses conducting litigation here. For the most part, these reforms are welcomed as increasing access to a more cost-efficient and streamlined court system, but there are... Read more
Update on privilege: Law Society intervenes in the Serious Fraud Office case, which is set for appeal
Further to our August 2017 article on the ruling in Serious Fraud Office (SFO) v Eurasian Natural Resources Corporation Ltd (ENRC) , ENRC has been granted permission to appeal to the Court of Appeal. The appeal will consider Mrs Justice Andrews’... Read more
S&B NEWS

Litigation Team of the Year 2017
Stevens & Bolton LLP has been named ‘Litigation Team of the Year’ at the 2017 Solicitors Journal Awards. The firm was chosen ahead of four others, Mishcon de Reya, Wedlake Bell, Serjeants’ Inn and London Borough of Hackney,... Read more
Legal Directories
In rankings recently released in the Legal 500 2017 and the Chambers UK 2018 directories, S&B has once again been ranked as having top tier commercial litigation and IP practices in the South and for the first time we have been included in the London rankings for commercial litigation and IP. Between them, the directories recommend the firm in 26 individual practice areas with a number of lawyers identified as leading individuals across the practice.
James Lister named in eprivateclient Top 35 under 35 listing
Stevens & Bolton LLP is delighted to announce that James Lister, senior associate and head of the firm’s contentious trusts and estates practice, has been named in the eprivateclient Top 35 Under 35 for 2017 - the definitive annual list of young... Read more
UPCOMING EVENTS

25 January 2018
GDPR – Where are we now?
Along with some German colleagues, we are hosting a GDPR and data protection seminar at the Harbour Hotel, Guildford, please see our event page or contact Leticia Lagarda for further information.

21 February 2018
Mock Employment Tribunal
We are holding a mock tribunal at G:Live, Guildford. It will be based on a typical unfair dismissal claim with an element of discrimination. This provides you with a great opportunity to see how a tribunal hearing works in practice. Please see our event page or contact Leticia Lagarda for further information.

6 March 2018
Construction Case Law Update
We will be hosting a construction case law update at One Great George Street, London SW1, where we’ll be identifying the latest legal developments in this fast moving area of law. Please see our event page or contact Leticia Lagarda for further information.