Dispute Resolution Bulletin - October 2016

Dispute Resolution Bulletin - October 2016

Welcome to the eighth edition of the Dispute Resolution Bulletin - an e-bulletin from the dispute resolution team at Stevens & Bolton LLP containing news about recent and topical developments here and in dispute resolution law.

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  1. Stevens & Bolton in Practice

    S&B: Top tier Commercial Litigation and Intellectual Property practices
    In the latest Legal 500 directory, S&B has once again been ranked as a top tier commercial litigation practice in the South and a top tier IP practice. The firm was ranked in 22 practice areas across the firm with a number of lawyers identified as leading individuals.

    Injunctions obtained in England, Poland and Cyprus
    Partner Sarah Murray, Senior Associate Paula Harris and Associate Hannah Lunn, along with colleagues at Polish and Cyprus law firms, successfully obtained injunctions in all three jurisdictions arising out of a dispute concerning a €10 million industrial plant in Poland. The majority of the shares in the company owning the plant were subject to a declaration of trust subject to English law.

    Successful defence of Worldwide Freezing Injunction
    Partners David Steinburg and Andrew Quick, Senior Associate Catherine Penny and Associate Katrina Walter have been kept busy in recent weeks defending applications for a worldwide freezing injunction against an international mining entrepreneur. The claim concerns his interests including mines in West Africa and has a value of US $75 million.

    We successfully defended the final applications which were dealt with at three different hearings before three different judges in the High Court. One relatively novel application was for information about assets as a standalone application prior to seeking a freezing injunction.

    As well as the High Court proceedings, our opponent is also pursuing an LCIA arbitration against a related party. The Commercial Court applications included seeking the Court's assistance with the arbitration pursuant to section 44 of the Arbitration Act 1996. That application was also successfully resisted. The decision was significant as the Court had to consider the interplay between the emergency arbitration procedures under the LCIA rules and applications to Court for relief. The case has received widespread publicity in the legal press.

    Brussels Arbitration
    Partner Michael Frisby and Associate James Evison were in Brussels for the final hearing of a claim in an international arbitration under LCIA rules. Our client, an international pharmaceutical manufacturer, succeeded in its claim against a Portuguese counter party for rectification of a contract and monies due under the agreement. S&B acted throughout the matter and undertook the advocacy.

    Shortlisted for UK Law Firm of the year - British Legal Awards
    S&B has been shortlisted for UK Law Firm of the year at the British Legal Awards for the third year in a row. Last year we were runners up in this category and highly commended. This year's winners will be announced at a black tie dinner in London in late November.

    S&B Head of Aviation Chairs The BACA Excellence Awards 2016
    As chair of the Baltic Air Charter Association partner Richard Mumford chose the winners of this year's Chairman's Award and the Young Person of the Year Award at BACA's annual Excellence Awards at the Great Hall in London's Guildhall on 19 October. The event saw around 400 of BACA's guests from across the aviation industry gather for the prestigious awards ceremony. Further information is available here.

  2. Recent Articles Published

    Advantages of Arbitration as a Method of Resolving Franchising Disputes - to read Sarah Murray, Nicola Broadhurst and Catherine Penny’s article published in AI Magazine, please click here

    Cyber Risk
    Cyber risk: a real and present threat to UK business - to read Michael Frisby’s article published in Financier Worldwide, please click here

    Third Party Funding
    Would you pay Hulk Hogan’s legal bill? - to read Catherine Penny’s article published in Real Business, please click here

    Arbitrator justified in making losing party pay £2m cost of third-party funding, High Court rules. Laura Beagrie provided comment to Litigation Futures - to read the article, please click here

    “Reflections on Farnborough” - Daniel James blogs for MRO-Network.com, please click here to read

    BACA Looks to Cement Charter Brokering Standards - to read Richard Mumford’s article published in AIN Online, please click here

    Real Estate Disputes
    Developer behaving badly: Has the Court of Appeal seen the light? - to read Helen Wheddon’s article published in Construction News, please click here

    Shedding some light on right to light - to read Helen Wheddon’s article published in Housebuilder & Developer Magazine, please click here

    Intellectual Property
    CJEU backs hyperlinks to unauthorised copyright, subject to conditions - to see Tom Collins’ articles published in The Times and the New Law Journal, amongst other leading publications, please click here

    Trade secret theft: what will the new EU legislation bring? - to read Charlotte Tillett and Astrid Arnold’s article, please click here

    Protecting your IP in a co-working space - Tom Lingard and Raveen Sagar offer advice on how to ensure your game is protected - to read the article published in Develop, please click here

    Talking Business: a legal victory in the battle against the fakes - to read Elaine O’Hare’s article published in Drapers, please click here

    “Gotta trademark ‘em all: making the transition from game to film” - to read Tom Collins’ article published in Develop, please click here

    Scrape Fear - Tom Lingard and Aidan Grant explain why you can’t just scrape by when it comes to data protection - to read the article published in Data Centre News (page 36), please click here

    No way Jose: How trademarks delayed Mourinho’s appointment at Manchester United - to read Tom Collins’ article published in SportBusiness, please click here

    Why football players and managers should own their own trademarks - by Tom Collins and commercial colleague, Charles Maurice - to read the article published in LawInSport, please click here

  3. Industry News

    Brexit was a hot topic immediately after the referendum and it continues to be. We produced our guide: "What Brexit means for disputes in brief" on 1 July and it is available here. We see this as an important issue for all businesses and will be updating our briefing notes as the position develops.

    Supreme Court sets aside settlement agreement for fraud
    In a landmark case at the beginning of August 2016, the Supreme Court permitted an insurer to recover funds paid out to a fraudulent claimant who had exaggerated his injuries. This decision will be of wide application in any commercial agreement or settlement induced by fraud. Catherine Penny's article is available here.

    Third Parties (Rights Against Insurers) Act 2010
    A claimant faced with an insolvent defendant can seek to obtain recovery from the defendant's insurers. This is not a straightforward process, however, because the claimant is a not a party to the insurance contract; it is a third party. Statute has intervened to help claimants in this situation, and the new Third Parties (Rights against Insurers) Act 2010 finally came into force on 1 August 2016 which is intended to make it much easier and cheaper to do so. Our briefing note on this is available here.

    Insurance Act 2015
    The Insurance Act 2015 now applies to commercial insurance contracts (or variations of insurance contracts) entered into on or after 12 August 2016. It represents the most significant change to English commercial insurance law in over 100 years, introducing a new duty of fair presentation, changing the disclosure obligations of the insured, and changing the remedies for breach of warranty and fraudulent claims. Our briefing note on this is available here.

    Court of Appeal resolves confusion over trustees' ability to claim bankrupts' pension income
    In the appeal of Horton v Henry (handed down in October 2016), the Court of Appeal confirmed that an income payments order can only attach to a bankrupt's pension policy where that pension is already in payment. The decision resolves two earlier conflicting High Court judgments and provides clarity for both bankrupts and trustees seeking to make an income payments application. Lucy Walker's article is available here.

  4. Stevens & Bolton News

    Growing Team
    We were delighted that David Steinberg, former co-head of the Restructuring & Insolvency practice at Clifford Chance, joined us in the summer. David spent 30 years at Clifford Chance and has joined as co-head of the S&B practice along with Tim Carter.

    Lorna Sleave and Katrina Walter, who trained at S&B, also joined the Commercial Litigation & International Arbitration team as newly qualified solicitors in September.

    USA visit
    Partners Ken Woffenden, Sarah Murray, Nicola Broadhurst and Senior Associate Elaine O'Hare ran a seminar on Transatlantic Transactions in New York as part of a visit to S&B's friends and colleagues in the eastern states of the USA. Members of the team went on to the International Bar Association conference in Washington DC.

    Arbitration pledge
    S&B is pleased to be a signatory to a pledge to improve the profile and representation of women in arbitration, with the goal of aiming for women to be appointed as arbitrators on an equal opportunity basis. For further information, click here.

  5. Events

    Construction Mock Adjudication - what will you decide? - 14 November 5.30pm to 7.30pm
    The mock adjudication hearing will address up to the minute construction issues and provide valuable tips for contract negotiations and live projects. If you would be interested in similar events, please contact Laura Reynolds

    CPD Bonanza Risky Business - an update on legal compliance issues
    This year's CPD bonanza took place in October focussing on compliance issues. If you would like further information, please contact Laura Reynolds.

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