Author Archives: Alice Heathfield

English court denies claim by foreign software giant to enforce US judgment

Background The Claimant (“SAS“) sought to enforce against World Programming Limited (“WPL”) a US$26 million compensatory damages order (“theUS Judgment“) made in the United States District Court for the Eastern District of North Carolina, Western Division (“the US Court“). SAS was …

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Co-living schemes appeal to all ages

Co-living schemes, with individuals living in small bedrooms but with access to communal kitchens and living space are the answer to the UK’s urban housing crisis, says a report published today by the Social Market Foundation. The report suggests that …

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Court of Appeal decides litigation privilege does not apply in first televised appeal

In the recent case of West Ham v E20 [2018] EWCA Civ 2652 the Court of Appeal held that internal discussions between board members, concerning the settlement of a potential claim, were not covered by litigation privilege. Background A dispute arose between …

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First Tower Trustee Ltd v CDS

The Court swept aside a significant body of cases which permitted banks to rely on contractual clauses to avoid liability for misrepresentation, and instead held that such clauses must first pass the test of reasonableness set out in s.3 of …

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Collyer Bristow recognised as one of the UK’s Top Law Firms by eprivateclient

Collyer Bristow has been named as one of the eprivateclient Top Law Firms for 2019, in Tier II. The Top Law Firms guide is an initiative by eprivateclient to identify, recognise and promote the top private client law firms in …

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Air crash investigator report into Ethiopian Airlines crash – financial implications for Boeing?

Ethiopian investigators released a statement this morning providing details of their preliminary findings into the crash of the Ethiopian Airlines flight ET302, which crashed shortly after take-off from Addis Ababa. The accident involved Boeing’s new B737 Max 8 aircraft type, …

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Estate agents- get your contract in place before you start work

Oral contracts have been the subject of much debate in the legal community recently. The Supreme Court has just passed judgment in the case of Wells v Devani [2019] UKSC 1106 which clarifies the law in this area, and the result is …

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Home ownership now comes later in life

The Office for National Statistics in data published this week reports that young adults are having to wait on average eight years longer to get onto the housing ladder compared to two decades ago.  It says that in 1997 the …

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Do payment processors wield too much power?

Press reports covering the recent distressed sale of Flybe to the consortium Connect Airways (subject to the deal receiving shareholder approval on 4 March 2019) suggest that one of the reasons for the airline’s alarming decline (towards what would in …

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Court of Appeal confirms bank’s wide discretion in determining “fair market value” for ‘repo’ trades under Global Master Repurchase Agreement

In particular, when assessing “fair market value”, the non-defaulting party is entitled to have regard to any distressed or illiquid market conditions that were being experienced at the relevant time. Background  Landsbanki Islands (“LBI”), an Icelandic bank, had entered into …

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