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Dispute Resolution Clauses (UK)

The New Law Journal is likely to soon feature the following article by Rob Kay discussing the very recent English case of Emirates Trading Agency LLC v. Prime Mineral Exports Private Limited [2014] EWHC 2104 (Comm).  The decision held that a clause

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A Case Example of the Negative Impact of Improperly Adjusting a Claim (U.K.)

Brit Inns Ltd v. BDW Trading Ltd is an illustrative example of where litigation (and in this case, a subrogated claim) can go wrong. Indeed, the judge said “[t]his litigation has gone wrong for everybody.” It does, though, have important aspects

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UK Post – Putting the “Gross” in Gross Negligence

Historically, and unlike other jurisdictions, English Courts have seen no difference between negligence and gross negligence as a legal concept. In 1843 it was “the same thing, with the addition of a vituperative epithet” (Wilson v. Brett) and in 1997

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Risk Management of Olympic Proportions: Crunching the Numbers and Insuring the London 2012 Games

In anticipation of the London 2012 Olympic Games starting today, the International Olympic Committee (IOC) has faced a myriad of issues, not least the risks, relating to insuring an event that the UK Defence Secretary, Philip Hammond, described as “the

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Trying to Settle by Unsettling: Costs Protection in England & Wales

In the 1850’s, a prominent frontier lawyer, disturbed by what he saw, felt compelled to offer the following advice in a speech to aspiring lawyers: “Discourage litigation. Persuade your neighbors to compromise whenever you can.” In England & Wales, the

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In England and Wales, How Much Longer Will Experts be Immune?

As in the United States, experts in England and Wales often play a fundamental role in litigation. Their opinions influence whether a case is brought, case strategy and settlement decisions. Experts currently have limited immunity for claims of professional negligence.

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Causation – English Style

“Dangerous and generally a fruitless occupation.”– Justice Akenhead No, Justice Akenhead was not talking about being a lawyer, but stating that it is inappropriate to rank possible causes of a fire in terms of probability in order to select the most

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