The case of Re Arboretum Devon (RLH) Ltd (28 April 2021) concerned a challenge to the validity of the ranking of the parties to an intercreditor agreement, the outcome of which signified the importance of intercreditor agreements and their drafting. An intercreditor agreement (“ICA”) can be a very powerful tool and it can limit or prohibit unwary creditors from being able to take action and recover debt ...
Summary Liquidated damages (LDs) are predetermined damages set when a contract is entered into, based on a calculation of the estimated loss likely to be incurred if the contractor fails to meet specific dates. LDs clauses are commonplace in commercial contracts. In construction contracts, they generally apply where the contractor fails to complete works by specified dates due to reasons for which the contractor is culpable ...
When a dispute arises, and the subject matter relates to sport, it tends to attract attention. Whether the dispute concerns football, tennis, swimming or Formula 1, a bit of friction and tension makes for better headlines. For that very reason, most sporting bodies have a dispute resolution procedure that requires the parties to engage in arbitration. Advantages of arbitration in sport disputes There are two main benefits of using arbitration in sporting disputes ...
The recent Warren v DSG decision may significantly limit the recent wave of data breach litigation by claimant firms. The High Court summarily dismissed claims for breach of confidence, misuse of private information and negligence. Introduction Last week, the High Court handed down judgment in Darren Lee Warren v DSG Retail Limited [2021] EWHC 2168 (QB), a decision that may significantly limit the recent wave of data breach litigation by claimant firms ...
Smart buildings offer individuals, businesses and even cities better and more efficient ambient experiences. However, the connected technologies that make buildings “smart” tend to require processing massive amounts of data inputs, often including personal information ...
To avoid a complicated and lengthy disciplinary proceeding, employers might consider a mutual separation agreement, to terminate an employee’s employment and pay them a sum of money. In the case of Balsdon v Valley Macadamias Group (Pty) Ltd, the Labour Court had to decide whether it could make a mutual separation agreement a court order in terms of the Labour Relations Act, 1995 (“LRA”) ...
The recent decision in the Technology and Construction Court (“TCC”) in Toppan Holdings Limited and Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP arguably does no more than follow precedent. But the outcome is significant for anyone taking a collateral warranty. The lesson is: get a warranty signed promptly, if you do not want to lose the right to adjudicate ...
It is not uncommon to have a multi-tiered dispute resolution clause in construction and commercial contracts, setting out the agreed mechanism in the event that a dispute arises between the parties. For example, parties may be required under such clause to first attempt settlement by negotiating in good faith, before going on to mediation if the negotiation fails, and finally proceeding to arbitration if mediation also fails ...
“Historical facts”1 are not protected by copyright. Referring to the Storming of the Bastille or the Battle of the Plains of Abraham will not get an author sued in Federal Court, but must these events have really happened to be considered “historical facts”? The Federal Court recently ruled on this issue in Winkler v. Hendley ...
Qualcomm Inc. v. Intel Corp., Appeal Nos. 2020-1589, et al. (Fed. Cir. July 27, 2021) In the only precedential patent decision issued by the Federal Circuit this week, the Court addressed again the due process and statutory right of parties in IPR proceedings to have notice and an opportunity to be heard on theories that the PTAB may rely on in rendering its decisions ...
In the recent case of Granton Central Developments Ltd v Len Lothian Ltd, a commercial landlord appealed successfully against a Sheriff’s decision that it was obliged to provide, and that its tenant was entitled to receive, a supply of water to leased subjects. Background to the utilities dispute Granton Central Developments Ltd and Len Lothian Ltd were the landlord and tenant respectively in terms of a lease of commercial premises in Granton, Edinburgh ...
Parties in financial remedy proceedings on divorce need to be alive to the implications that their behaviour may have on their final settlement by way of costs orders. Both parties in the recent case of E v L (No 2 Costs) [2021] EWFC 63 were penalised in costs; the husband for failing to negotiate reasonably and pursuing ‘conduct’ against the wife, and the wife for her litigation misconduct ...
The purpose of this article is to report on a recent proof before answer hearing that was conducted fully remotely, and to set out some tentative thoughts on the future of remote hearings based on that experience. This is not intended to suggest that what was done should be followed in all hearings ...
Chemours Company FC, LLC v. Daikin Industries, Ltd., Appeal Nos. 2020-1289, -1290 (Fed. Cir. July 22, 2021) In this week’s Case of the Week, the Federal Circuit reversed a PTAB decision in consolidated IPRs that two patents were unpatentable as obvious. The Court held that the Board erred in reaching its conclusions both in terms of what the prior art taught and in application of objective indicia of nonobviousness ...
Key Points In Martin v. California Coastal Commission, the Court of Appeal issued a rare opinion discussing local policies that are designed to manage and mitigate coastal bluff erosion. The court upheld a permit condition that required a new home to be set back 79 feet from the edge of a coastal bluff. The court reaffirmed that the policy at issue requires new development to be reasonably safe from failure and erosion over the entirety of the development’s lifetime ...
The death of a loved one is a difficult time and situations in which a Will is contested can be an additional burden. Challenging or contesting a Will in Scotland is slightly different from the rest of the UK and this guide is designed to set out the main grounds of challenge to a Will on both sides of the border. Disputes can arise because of a poorly drafted Will, where there is a disappointed beneficiary or where a loved one appears to have been “disinherited” ...
The holder of intellectual property (IP) rights is entitled to a variety of remedies for infringement of those rights. These include, an order for delivery (or destruction) of the offending goods, interdict (injunction) to restrain any further infringement, and damages or an account of profits. This article focuses on the level of financial compensation available to holders of IP rights once they have established their rights have been infringed ...
The question sometimes arises in a divorce as to whether one or both parties have mental capacity to litigate. If a party lacks that mental capacity, they will need someone to make decisions for them during the divorce process. This person is called a ‘litigation friend’ ...
Key Points In Save Lafayette Trees v. East Bay Regional Park District, two of the parties to the lawsuit entered into an agreement in an attempt to extend the California Environmental Quality Act (“CEQA;” Pub. Resources Code, § 21000 et seq.) deadline to file a lawsuit ...
In summary, this note includes information in relation to: the UK REIT regime; advantages of using a Jersey company as the REIT vehicle; TISE listing process and listing document requirements; TISE’s continuing obligations requirements; and Carey Olsen and our REIT experience. We trust that the above will be of assistance ...
When negotiating a complex change order or preparing to litigate a claim, calculating actual recoverable costs incurred can be a difficult exercise. You will want to first review your contract to determine what kinds of costs are compensable. For example, the change order provision of your contract may provide a specific markup that can be included in a change request or limit the recovery of indirect costs and overhead associated with a change ...
A group of 50 striking employees confront their manager in his office. An altercation ensues, which culminates in the manager being violently assaulted. Only five of the striking employees are caught “red-handed”, having been identified as the perpetrators of the violent assault. The rest are only identified as having been there when the assault took place ...
Class Action 30633-05-18 Smuelitz v. Korean Air Co., Ltd Our firm successfully represented Korean Air in a motion to certify a class action suit alleging a failure to refund airport taxes on unused flight tickets. As part of its motion, the plaintiffs requested that Korean Air automatically reimburse airport taxes for unused flight tickets, and pay substantial monetary compensation, for failure to reimburse ...
The European Insurance and Occupational Pensions Authority (“EIOPA”) is entrusted with 1 issuing guidelines and recommendations to Member States’ supervisory authorities on how insurance and reinsurance undertakings should apply the Solvency II Directive 2 in order to (i) establish consistent, efficient and effective supervisory practices and (ii) ensure the common, uniform and consistent application of Union law ...
