Podcasts about Commercial Court

Saint Lucia's Commercial Court, established in 2016, continues to streamline business dispute resolution, with EC$49 million in claims handled in 2024. The court's efficient and timely adjudication has enhanced the country's ease of doing business and competitiveness, with expectations for its mandate to expand beyond commercial cases.

In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Sarah Penfold. You can find links to our blogs on the cases covered in this podcast below: • High Court finds lenders' exercise of contractual right to demand loan repayment is not subject to implied Braganza duty https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/High-Court-finds-lenders--exercise-of-contractual-right-to-demand-loan-repayment-is-not-subject-to-implied-Braganza-duty- • Court of Appeal rejects attempt to bring securities class action using CPR 19.8 representative action as an "opt-in" procedure https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-01/Court-of-Appeal-rejects-attempt-to-bring-securities-class-action-using-CPR-19.8-representative-action-as-an--opt-in--procedure. • High Court refuses to allow representative action to be brought on behalf of copyright owners in IP case https://www.herbertsmithfreehills.com/notes/litigation/2025-01/high-court-refuses-to-allow-representative-action-to-be-brought-on-behalf-of-copyright-owners-in-ip-case • High Court considers whether "success fee" is payable by client to investment bank in respect of capital raise https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-01/High-Court-considers-whether--success-fee--payable-by-client-to-investment-bank-in-respect-of-capital-raise • High Court orders commercial parties to mediate shortly before trial https://www.herbertsmithfreehills.com/notes/litigation/2025-01/high-court-orders-commercial-parties-to-mediate-shortly-before-trial • Commercial Court declares arbitral tribunal lacks jurisdiction following bank's invocation of asymmetric option clause https://www.herbertsmithfreehills.com/notes/litigation/2025-01/commercial-court-declares-arbitral-tribunal-lacks-jurisdiction-following-bank-s-invocation-of-asymmetric-option-clause • Motor Finance: Where are we and where next? https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2025-posts/motor-finance--where-are-we-and-where-next • Insight Alert: Global FSR Outlook 2025 – Perpetual Motion https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-01/Global-FSR-Outlook-2025--Perpetual-Motion Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/

 Saint Lucia's Commercial Court, established in 2016, continues to streamline business dispute resolution, with EC$49 million in claims handled in 2024. The court's efficient and timely adjudication has enhanced the country's ease of doing business and competitiveness, with expectations for its mandate to expand beyond commercial cases.

The Commercial Court has heard that Michael Flatley is willing to repay a €5.6million loan at the centre of a dispute with a lender.It was made to Blackbird Film Productions Ltd by Novellus Finance Ltd, who says there has been default on repayment. Mr. Flatley denies this.Peter O'Dwyer, Head of News at the Business Post, joined Matt for Monday's business news.Hit the ‘Play' button on this page to hear the conversation.

E100 The Fifth CourtFor its 100th episode, The Fifth Court hosts, Peter Leonard BL and Mark Tottenham BL, had a lengthy, informative and highly entertaining chat with former Mr. Justice Peter Kelly - President of the High Court of Ireland from 2015 to 2020 who was widely recognised for his work in complex commercial and public interest cases.He is credited with establishing Ireland's Commercial Court in 2004. Under his leadership, the court became internationally renowned for its efficient handling of high-value and complex commercial disputes, boosting Ireland's reputation as a hub for commercial litigation. Justice Kelly earned a reputation for his no-nonsense, efficient, and direct approach in court. He handled high-profile cases, including insolvency matters and cases involving corporate misconduct.Before becoming President of the High Court, he served on the Court of Appeal following its establishment in 2014, contributing to key appellate decisions in Irish law.Born in 1950, he was educated at O'Connell's School and then at University College Dublin (UCD) (via a career in the Civil Service) and later qualified as a barrister from King's Inns. He was appointed a Senior Counsel (SC) in 1986 and a judge of the High Court in 1996.Part II on episode 101.With thanks to The Expert Witness Site - The Independent Source of Expert Witnesses https://expertwitnesssite.com Hosted on Acast. See acast.com/privacy for more information.

We convene in the courtroom to adjudicate the cases of two recent commercials from big tech brands that stirred up controversy and got yanked from the airwaves.Get show notes for this episode and check out past episodes of the Speaking Human podcast by visiting speakinghuman.com.#Podcast #SpeakingHuman #VO #Branding #Marketing #Advertising #Business #Google #Brands #Ads #simplify #popculture #Gemini #Apple #Underdogs #Thailand #Controversial

We convene in the courtroom to adjudicate the cases of two recent commercials from big tech brands that stirred up controversy and got yanked from the airwaves.Get show notes for this episode and check out past episodes of the Speaking Human podcast by visiting speakinghuman.com.#Podcast #SpeakingHuman #VO #Branding #Marketing #Advertising #Business #Google #Brands #Ads #simplify #popculture #Gemini #Apple #Underdogs #Thailand #ControversialBecome a supporter of this podcast: https://www.spreaker.com/podcast/presented-by-speaking-human--5498350/support.

In this 20th episode of our series of commercial litigation update podcasts, we look at the High Court's decision dismissing ClientEarth's attempt to bring a derivative action against Shell's directors, the Supreme Court's rather dramatic recent decision on litigation funding agreements, a brief update on a development relating to representative actions, some interesting recent contract law cases, and a Supreme Court judgment which clarifies the extent of a bank's duties in paying out from customer accounts. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Sarah McNally, an insurance disputes partner, and Ceri Morgan, a professional support consultant in our banking litigation team. Below you can find links to our blog posts on the developments and cases covered in this podcast. • High Court confirms refusal of permission for ClientEarth derivative action against Shell directors https://hsfnotes.com/litigation/2023/07/25/high-court-confirms-refusal-of-permission-for-clientearth-derivative-action-against-shell-directors/ • Supreme Court decision today means most existing UK litigation funding agreements likely to be unenforceable https://hsfnotes.com/litigation/2023/07/26/supreme-court-decision-today-means-most-existing-uk-litigation-funding-agreements-likely-to-be-unenforceable/ • High Court allows claim in respect of secret commissions to proceed as “opt-out” representative action under CPR 19.6 https://hsfnotes.com/litigation/2023/03/01/high-court-allows-claim-in-respect-of-secret-commissions-to-proceed-as-opt-out-representative-action-under-cpr-19-6/ • Commercial Court finds indemnities covered negligence where no express reference https://hsfnotes.com/litigation/2023/06/22/commercial-court-finds-indemnities-covered-negligence-where-no-express-reference/ • Liability caps: importance of clear drafting https://hsfnotes.com/litigation/2023/07/10/liability-caps-importance-of-clear-drafting/ • Warranty & Indemnity insurance: claim failed as no breach of warranty established https://hsfnotes.com/litigation/2023/07/19/warranty-indemnity-insurance-claim-failed-as-no-breach-of-warranty-established/ • Supreme Court clarifies so-called Quincecare duty on financial institutions executing customer payments https://hsfnotes.com/litigation/2023/07/14/supreme-court-clarifies-so-called-quincecare-duty-on-financial-institutions-executing-customer-payments/

The English Court of Appeal confirms the Commercial Court decision clarifying the application of time-bars in relation to deliveries made after discharged from the ship. Further appeal has been denied, so this case bring welcome certainty, albeit clearly decided on specific contractual wording and factual situation.

John is joined by Aidan O'Rourke, a partner in Quinn Emanuel's London Office.  John and Aidan discuss how, after a five week in London Commercial Court, Aidan won a €1.5 billion judgment against Argentina on behalf of a large group of holders of sovereign bonds.  They discuss the background of the case, the trial itself and how the team adjusted to an entirely new theory of the case that Argentina advanced shortly before the trial started.

On 27 April 2023 Sir Ross Cranston delivered the CELH annual lecture on the topic 'Law as Backcloth? A History of English Commercial Law'. The Centre for English Legal History (CELH) was formally established in 2016 to provide a hub for researchers working in legal history across the University of Cambridge. The Centre holds regular seminars during academic terms, and an annual centrepiece lecture. Sir Ross Cranston is a former Judge of the High Court of England and Wales, who sat in Commercial Court and in 2016 became the judge in charge of the Administrative Court. He is professor of law at the London School of Economics (LSE), where before appointment to the bench he was Sir Ernest Cassel professor of commercial law and Centennial professor of law. Prior to the LSE, he was director of the Centre for Commercial Law Studies at Queen Mary, University of London. To find out more, and download the accompanying presentation, please refer to: http://www.celh.law.cam.ac.uk/lectures

On 27 April 2023 Sir Ross Cranston delivered the CELH annual lecture on the topic 'Law as Backcloth? A History of English Commercial Law'. The Centre for English Legal History (CELH) was formally established in 2016 to provide a hub for researchers working in legal history across the University of Cambridge. The Centre holds regular seminars during academic terms, and an annual centrepiece lecture. Sir Ross Cranston is a former Judge of the High Court of England and Wales, who sat in Commercial Court and in 2016 became the judge in charge of the Administrative Court. He is professor of law at the London School of Economics (LSE), where before appointment to the bench he was Sir Ernest Cassel professor of commercial law and Centennial professor of law. Prior to the LSE, he was director of the Centre for Commercial Law Studies at Queen Mary, University of London. To find out more, and download the accompanying presentation, please refer to: http://www.celh.law.cam.ac.uk/lectures This entry provides an audio source for iTunes.

On 27 April 2023 Sir Ross Cranston delivered the CELH annual lecture on the topic 'Law as Backcloth? A History of English Commercial Law'. The Centre for English Legal History (CELH) was formally established in 2016 to provide a hub for researchers working in legal history across the University of Cambridge. The Centre holds regular seminars during academic terms, and an annual centrepiece lecture. Sir Ross Cranston is a former Judge of the High Court of England and Wales, who sat in Commercial Court and in 2016 became the judge in charge of the Administrative Court. He is professor of law at the London School of Economics (LSE), where before appointment to the bench he was Sir Ernest Cassel professor of commercial law and Centennial professor of law. Prior to the LSE, he was director of the Centre for Commercial Law Studies at Queen Mary, University of London. To find out more, and download the accompanying presentation, please refer to: http://www.celh.law.cam.ac.uk/lectures

On 27 April 2023 Sir Ross Cranston delivered the CELH annual lecture on the topic 'Law as Backcloth? A History of English Commercial Law'. The Centre for English Legal History (CELH) was formally established in 2016 to provide a hub for researchers working in legal history across the University of Cambridge. The Centre holds regular seminars during academic terms, and an annual centrepiece lecture. Sir Ross Cranston is a former Judge of the High Court of England and Wales, who sat in Commercial Court and in 2016 became the judge in charge of the Administrative Court. He is professor of law at the London School of Economics (LSE), where before appointment to the bench he was Sir Ernest Cassel professor of commercial law and Centennial professor of law. Prior to the LSE, he was director of the Centre for Commercial Law Studies at Queen Mary, University of London. To find out more, and download the accompanying presentation, please refer to: http://www.celh.law.cam.ac.uk/lectures

On 27 April 2023 Sir Ross Cranston delivered the CELH annual lecture on the topic 'Law as Backcloth? A History of English Commercial Law'. The Centre for English Legal History (CELH) was formally established in 2016 to provide a hub for researchers working in legal history across the University of Cambridge. The Centre holds regular seminars during academic terms, and an annual centrepiece lecture. Sir Ross Cranston is a former Judge of the High Court of England and Wales, who sat in Commercial Court and in 2016 became the judge in charge of the Administrative Court. He is professor of law at the London School of Economics (LSE), where before appointment to the bench he was Sir Ernest Cassel professor of commercial law and Centennial professor of law. Prior to the LSE, he was director of the Centre for Commercial Law Studies at Queen Mary, University of London. To find out more, and download the accompanying presentation, please refer to: http://www.celh.law.cam.ac.uk/lectures This entry provides an audio source for iTunes.

On 27 April 2023 Sir Ross Cranston delivered the CELH annual lecture on the topic 'Law as Backcloth? A History of English Commercial Law'. The Centre for English Legal History (CELH) was formally established in 2016 to provide a hub for researchers working in legal history across the University of Cambridge. The Centre holds regular seminars during academic terms, and an annual centrepiece lecture. Sir Ross Cranston is a former Judge of the High Court of England and Wales, who sat in Commercial Court and in 2016 became the judge in charge of the Administrative Court. He is professor of law at the London School of Economics (LSE), where before appointment to the bench he was Sir Ernest Cassel professor of commercial law and Centennial professor of law. Prior to the LSE, he was director of the Centre for Commercial Law Studies at Queen Mary, University of London. To find out more, and download the accompanying presentation, please refer to: http://www.celh.law.cam.ac.uk/lectures

The Duke of York The  recent cold snap and the sniffles of many of my associates reminded me of when I was a young curate in The Duke of York pub in Commercial Court in Belfast in the mid 1960s. In those days a hot whiskey was the cure for colds of all kinds. In the Dukes a ‘Hot Coleraine' was the much prized preference of hot whiskey drinkers whether they had a cold or not. But in the winter it was regularly utilised to see off the ravages of Belfast chills for all and sundry.Bloody SundayLast Monday – 30 January - was the anniversary 51 years ago of the deliberate murder of 14 Derry civil rights marchers by the British Parachute Regiment in Derry.Following Bloody Sunday the British Widgery Inquiry blamed the organizers of the march, the victims and the IRA. Widgery accused the dead of being ‘gunmen and bombers'. According to the British the actions of the Paras actions were legal.Establish a Citizens' Assembly on Irish UnityIn recent weeks some readers will have seen billboards calling on the Irish government to establish a Citizen's Assembly on Irish Unity. Thousands of leaflets have also been produced.This campaign is a natural consequence of the Good Friday Agreement which is 25 years old this year. The Agreement affords the people of the island of Ireland the democratic opportunity to decide through referendums North and South if they wish to end the union with Britain or establish a united Ireland. For the first time since partition there us a peaceful and democratic route to ending the union with Britain.

A recent decision of the Commercial Court has provided a useful example of both the perils of termination and the effect of a well-drafted "sole and exclusive remedy" clause. In the case of James Kemball Limited v K Line (Europe) Limited, the claimant brought proceedings against the defendant for damages following termination of a transport agreement between the parties. Commercial lawyers David Lowe and Andrew Smith explore the key points of the case and the subsequent judgment in this podcast.  A more detailed insight into this case, as well as a full transcript of this podcast, is available on our website: https://gowlg.co/3SZl6wY   Gowling WLG is an international full-service law firm working across a range of industry sectors including real estate, government, financial services, life sciences and technology. We operate across the world with offices in the UK, Europe, Canada and the Middle East. We regularly talk about a broad range of topics that may be of interest to you. Subscribe to receive our latest articles, podcasts and webinars straight to your inbox: https://gowlg.co/35efH2r  Alternatively, you can view our full selection of insights and resources here: https://gowlg.co/3IwEr41   Want to get to know us? Follow us on: LinkedIn: https://gowlg.co/3hqmatB  Twitter: https://gowlg.co/35Do0nY  Facebook: https://gowlg.co/3th2w8N  Instagram: https://gowlg.co/3tEf2iq  This podcast may contain information of general interest about current legal issues, but does not give legal advice.

Tune in to our HomeKit Insider podcast covering the latest news, products, apps and everything you need for a smart home. Subscribe in Apple Podcasts, Overcast, or just search for HomeKit Insider wherever you get your podcasts. Apple Podcasts: https://podcasts.apple.com/us/podcast/homekit-insider/id1515834398 Spotify: https://open.spotify.com/show/6NdU3vOKmP6pMpViTfM2ij Overcast: https://overcast.fm/itunes1515834398/homekit-insider Google Podcasts: https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5maXJlc2lkZS5mbS9ob21la2l0aW5zaWRlci9yc

The litigation of civil fraud claims is on the rise, with the Commercial Court consistently reporting this as an area of growth over the last three years. In this podcast, Tim Chelmick and Hannah Daly examine recent developments in the case-law concerning allegations of dishonesty against professionals, including insights into how dishonesty is defined, how it is proved, the causes of action it unlocks and the pros and cons of alleging fraud.

The litigation of civil fraud claims is on the rise, with the Commercial Court consistently reporting this as an area of growth over the last three years. In this podcast, Tim Chelmick and Hannah Daly examine recent developments in the case-law concerning allegations of dishonesty against professionals, including insights into how dishonesty is defined, how […] The post Dishonest Professionals: Recent Developments appeared first on 4 New Square Chambers.

CEDR is proud to partner with the British Institute of International and Comparative Law (BIICL) on a new podcast series on smarter approaches to dispute resolution. This series brings together BIICL's ‘Breathing Space Series' which aims to help safeguard commercial activity in the wake of the COVID-19 pandemic and CEDR's vision of ‘Better conflicts, better outcomes leading to a better world'. While looking at issues relating to the COVID-19 pandemic, the series will also look at evolving attitudes to dispute resolution, future trends and advice from leading conflict specialists. Podcast 2 features: Helen Dodds, Director of Legal UK and Member of LawTech UK Commercial Dispute Resolution Taskforce Lauren McGuirl, Director of Commercial Disputes, CEDR Sir Wiliam (Bill) Blair, former Judge of London's Commercial Court, Barrister & Arbitrator Ben Thomson (facilitator), Content Strategist at CEDR In it, they discuss: Rise in the uptake of formal proceedings following pandemic Realities of going to court Options open to parties instead of issuing formal proceedings BIICL advice on supporting contractual relationships Thoughts on Mandatory Mediation More information on BIICL's Breathing Space Series and access to the three Concept Notes can be found here.

The last number eleven up the RockAT A cruinniú in Glór na Móna I noticed a pop-up advertising one of the projects Glór na Móna is pioneering. ‘Faoi Scáth an tSléibhe – Connecting People and Place in the Upper Springfield Area' is a heritage project aimed at making local history vibrant and accessible. The pop-up contained a photo of the number eleven bus wending its way along the Whiterock Road. That brought back many happy memories. I used to work in the Duke of York pub in Commercial Court off Lower Donegall Street in the late 1960s. I was a regular passenger on the number eleven bus when I wasn't on my bike or my Honda 50.Irish language project does young people proudRECENTLY I met with activists involved in the Glór na Móna project in West Belfast. Along with the local MLA Aisling Reilly they briefed us on their work in the field of youth provision through the medium of Irish. Glór na Móna was established in 2004 and since then has gone from strength to strength. The enthusiasm of its activists reflects the growth in the numbers of people who now conduct their everyday business and social life through Irish. This is especially true of the Irish medium education sector.

Types of Warranties in Insurance Policies HTTPS://ZALMA.COM/BLOG Express Warranty Express warranties relate to the present or past existence of particular facts relating to the risk upon the truth of which, the validity of the contract depends. [California Insurance Code § 440.] A statement of fact becomes an express warranty when the insurer and the insured comply with California Insurance Code section 443. Section 443 provides: Every express warranty made at or before the execution of a policy shall be contained in the policy itself, or in another instrument signed by the insured and referred to in the policy, as making a part of it. The violation of an express warranty will void a policy in its entirety. [ See Aguirre v. Citizens Cas. Co. of N.Y., 441 F.2d 141 (5th Cir. 1971); Saskatchewan Gov't Ins. Office v. Spot Pack, Inc., 242 F.2d 385, 388 (5th Cir.1957).] In the British case, A C Ward & Sons Ltd v. Catlin (Five) Ltd & Ors [2009] Commercial Court, the insurers attempted to avoid coverage on the failure of an alarm system, warranted by the insured to work. The court concluded that the warranty was not limited to the particular “protections” specified in the proposal form, nor was the Alarm Warranty confined to such alarm systems as might have been identified in the schedule. As a matter of commercial common sense, the warranties referred to whatever protections or alarms actually existed, whether identified in the policy documentation or not. As to knowledge, the court adopted the view that a breach of warranty could occur only in the event of a defect of which the insured was, or should reasonably have been, aware, and which it had then failed to remedy promptly. However, even though the alarm warranty was not effective the insured also promised that theft coverage for cigarettes & tobacco in a warehouse was not operative outside of business hours unless the stock was kept within the special secure store on the ground floor. Since they were not on the first floor the insured was not allowed to recover. Affirmative Warranty An affirmative warranty asserts an existing fact or condition which appears on the face of the policy or “is attached thereto and made a part thereof.” It is limited in time to the moment of the application. ZALMA OPINION Fulfillment of insurance warranties by those insured or by the insurer are important to every insurance claim investigation. It is important that every claims person or insurance coverage lawyer understand the effect of warranties and establish that every warranty made was fulfilled at the time of inception or at the time of the loss. --- Support this podcast: https://anchor.fm/barry-zalma/support

The Super League didn't last long but the post-game analysis continues. What are the competition law issues raised and do they remain relevant? Dwayne Bach, sports and esports law expert, joins Christina Ma and Matthew Hall to discuss the concerns and their wider relevance. Listen to this episode to learn more about the Super League, how competition law may apply to the proposal and its application to other sports. Related Links: Super League website The Super League and its related issues under EU Competition Law, Dwayne Bach (22 April 2021) Commercial Court of Madrid reference to European Court of Justice (11 May 2021) (in Spanish) Statement by UEFA, the English Football Association, the Premier League, the Royal Spanish Football Federation (RFEF), LaLiga, the Italian Football Federation (FIGC) and Lega Serie A in relation to the Super League (18 April 2021) EU General Court judgment in Case T-93/18, International Skating Union v Commission (16 December 2020) An Introduction To The ELF - Europe's New Professional American Football League, Ansgar Faßbender, Dwayne Bach (19 February 2021) Hosted by: Christina Ma, partner, Wachtell, Lipton, Rosen & Katz and Matthew Hall, partner, McGuireWoods London LLP

In Episode 13 of the Legal Genie podcast, your host, Lara Quie, is in conversation with Ravi Aswani. Ravi is a commercial dispute resolution barrister, arbitrator, and mediator at 36 Stone. Called to the bar of England & Wales in year 2000, he has a broad practice which covers shipping and international trade, commodities, energy, oil and gas, metals and mining, insurance and re-insurance, banking and finance.  Ravi is instructed primarily in the Commercial Court in the UK, as well as international arbitrations seated all over the world.  He is consistently recommended by Chambers & Partners UK Bar and Global Directories as well as the Legal 500. Ravi has a longstanding passion for matters of equality, diversity, inclusion, belonging, and social mobility. He is also passionate about mentoring and assisting the next generation of practitioners.In this episode Ravi shares:·         His childhood growing up in the leafy suburbs.·         Studying law at UCL and going to Nottingham for his Bar Vocational Course.·         His pupillage and the challenges he faced. How his experience as a pupil has made him determined to be a good pupil supervisor.·         How he turned not getting a tenancy into an advantage.·         How 36 Stone is experimenting with ways to level the playing field and encourage social mobility.·         Why you should try to get a placement at a law firm and a chambers before deciding to become a barrister.·         The challenges of being a self-employed barrister.·         The benefits of using LinkedIn to attract new work.·         Playing the long game when it comes to business development and building relationships abroad.·         Dealing with imposter syndrome. ·         How specialising in shipping law helped him to create a broad-based commercial disputes practice. ·         His experience of mentoring. ·         His six pieces of advice for young lawyers.I hope that you will enjoy the episode.To learn more about Ravi Aswani you can find him on LinkedIn and connect with him here: https://www.linkedin.com/in/raviaswani/https://36group.co.uk/members/rga1Also:·         If you liked this episode, please rate the show, and leave a review wherever you listen to your podcasts to help the Legal Genie reach a wider audience.·         Look out for the next episode coming soon.You can connect with Lara Quie as follows:·         On LinkedIn at https://www.linkedin.com/in/laraquie·         Website: https://www.laraqassociates.com·         If you have a question or guest idea, please do drop Lara a line at Lara@LaraQAssociates.com        Lara Q Associates A boutique business and executive coaching consultancy

In this eighth episode of our series of commercial litigation update podcasts, we will give a brief update on developments relating to jurisdiction and the enforcement of judgments post-Brexit, and on disclosure, as well as considering recent cases on witness evidence, the without prejudice rule, and when the courts will hand down judgment despite the parties having agreed a settlement. We will also look at some of the very few English cases to date which consider frustration and force majeure in the context of the Covid-19 pandemic. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Gayatri Gogoi, an associate. Below you can find links to our blog posts on the developments and cases covered in this podcast. • European Commission recommends that EU reject UK bid to join Lugano Convention https://hsfnotes.com/litigation/2021/05/04/european-commission-recommends-that-eu-reject-uk-bid-to-join-lugano-convention/ • Brexit: key practical implications for disputes and dispute resolution clauses https://hsfnotes.com/litigation/2021/01/26/brexit-key-practical-implications-for-disputes-and-dispute-resolution-clauses/ • Parent companies’ documents found to be in subsidiaries’ control for disclosure purposes https://hsfnotes.com/litigation/2021/04/23/parent-companies-documents-found-to-be-in-subsidiaries-control-for-disclosure-purposes/ • Commercial Court finds witness evidence less reliable where witnesses did not refresh memories from contemporaneous documents https://hsfnotes.com/litigation/2021/05/05/commercial-court-finds-witness-evidence-less-reliable-where-witnesses-did-not-refresh-memories-from-contemporaneous-documents/ • Court of Appeal confirms fraud exception to without prejudice (WP) rule extends to cases where a party wishes to rely on WP statements to rebut allegations that a settlement agreement is invalid https://hsfnotes.com/litigation/2021/04/22/court-of-appeal-confirms-fraud-exception-to-without-prejudice-wp-rule-extends-to-cases-where-a-party-wishes-to-rely-on-wp-statements-to-rebut-allegations-that-a-settlement-agreement-is-invalid/ • High Court agrees not to hand down judgment where settlement was reached after parties received draft judgment https://hsfnotes.com/litigation/2021/03/25/high-court-agrees-not-to-hand-down-judgment-where-settlement-was-reached-after-parties-received-draft-judgment/ • High Court finds alleged frustration of contract due to COVID-19 pandemic is not sufficiently arguable to grant injunction restraining demand under letter of credit https://hsfnotes.com/bankinglitigation/2021/03/24/high-court-finds-alleged-frustration-of-contract-due-to-covid-19-pandemic-is-not-sufficiently-arguable-to-grant-injunction-restraining-demand-under-letter-of-credit/ • High Court considers doctrine of frustration in Covid context and confirms there is no such thing as “temporary frustration” https://hsfnotes.com/litigation/2021/05/20/high-court-considers-doctrine-of-frustration-in-covid-context-and-confirms-there-is-no-such-thing-as-temporary-frustration/ • High Court considers operation of force majeure clause where party had to self-isolate for 12 weeks due to Covid-19 pandemic https://hsfnotes.com/litigation/2021/05/25/high-court-considers-operation-of-force-majeure-clause-where-party-had-to-self-isolate-for-12-weeks-due-to-covid-19-pandemic/

Fatboy, Olive and our guest Anthony relay the reason behind the Commercial Court's order for Stanbic Bank to pay more than 400 million shilling in damages to Macdowel Food and Beverages.

Validity of an Unstamped Arbitration Agreement There are many agreements wherein the Stamp Act of a particular state requires payment of stamp duty. The Court discussed the jurisprudence behind an Arbitration Agreement and analysed the various judicial precedents in this regard. After doing so, the Court held that: - a. The Court held that “an arbitration agreement is distinct and independent from the underlying substantive commercial contract. Once the arbitration agreement is held to have an independent existence, it can be acted upon, irrespective of the alleged invalidity of the commercial contract.” b. It was further held that in cases of Applications under S.8 (Power of the Court to refer the parties to Arbitration), S. 9 (grant of interim relief before or during the Arbitral Proceedings) and S.11 (Appointment of Arbitrator), of the Arbitration & Conciliation Act, 1996, the Court can proceed with the Applications to safeguard the subject-matter of the arbitration; however, then the substantive/original contract would have to be impounded and the concerned party is to be directed for payment of the requisite stamp duty in accordance with the relevant local laws. The bottom-line is that deficiency in payment of stamp duty is a curable defect and a chance ought to be provided to the concerned party to cure such defect. The assessment of the stamp duty is generally made by the Collector under the local laws and as such, the findings relating to same could be challenged in separate proceedings as per law.  c. In case where the Arbitrator has already been appointed consensually, the Arbitrator would be obligated to impound the contract/instrument and direct the concerned party to pay the requisite stamp duty. d. SMS Tea Estates Pvt. Ltd. v. Chandmari Tea Co. Pvt. Ltd., (2011) 14 SCC 66, was overruled and the findings of Garware Wall Ropes Limited v. Coastal Marine Constructions and Engineering Limited, (2019) 9 SCC 209, as also, Vidya Drolia v. Durga Trading Corporation, C.A. No. 2402/2019, were found to be erroneous in relation to existence of an Arbitration Agreement.  Is ‘Fraud' an Arbitrable Dispute? The Court discussed various case laws and made a distinction between cases where there are allegations of serious fraud and fraud simplicitor. It held that mere allegations of fraud simplicitor are not a sufficient ground to decline reference to arbitration and there is no express bar in the Arbitration Act with respect to arbitrability of disputes involving allegations of fraud. Therefore, discarding the archaic view that fraud is non-arbitrable and holding it to be obsolete, the Court observed that the civil aspect of fraud can be adjudicated by an arbitral tribunal; “however, the criminal aspect of fraud, forgery, or fabrication, which would be visited with penal consequences and criminal sanctions can be adjudicated only by a court of law, since it may result in a conviction, which is in the realm of public law.” Maintainability of Writ Petitions under Articles 226 and 227 of Constitution of India in relation to Section 8 of the Arbitration Act The Court cited Section 37 (1) (a) of the Arbitration Act and Section 13(1A) of the Commercial Courts Act, 2015, which read as under: -  “Section 37 of the Arbitration ActAppealable orders.— (1) An appeal shall lie from the following orders (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court passing the order, namely:—(a) Refusing to refer the parties to arbitration under section 8; …” “Section 13 (1A) of the Commercial Courts Act13. Appeals from decrees of Commercial Courts and Commercial Divisions.-(1) Any person aggrieved by the judgment or order of a Commercial Court below the level of a District Judge may appeal to the Commercial Appellate Court within a period of 60 days from the date of judgment or order.(1A) Any person aggrieved by the judgment or order of a Commercial Court at the level of District Judge exercising original civil jurisdiction or, as the case may be, Commercial Division of a High Court may appeal to the Commercial Appellate Division of that High Court within a period of sixty days from the date of the judgment or order:Provided that an appeal shall lie from such orders passed by a Commercial Division or a Commercial Court that are specifically enumerated under Order XLIII of the Code of Civil Procedure, 1908 (5 of 1908) as amended by this Act and Section 37 of the Arbitration and Conciliation Act, 1996 (26 of 1996).” Thus, the Court held that where is there is availability of a statutory remedy, the Writ Petitions under Articles 226 and 227 would be non-maintainable and liable to set aside. Concluding Remarks Though I have summarized the findings of the Court in this case, yet the Court drew a lengthy judgment and made painstaking efforts to explain the entire jurisprudence behind the existence of arbitration act and arbitrability of dispute. I find it to be a path-breaking case-law that provides much needed respite to the parties who wish to get their disputes arbitrated. Fraud is a touchy issue and countless number of judicial pronouncements had only complicated the matter to understand its arbitrability. The present judgment by the Court is unequivocal in its approach and succinctly puts across the point that the disputes relating to fraud are indeed arbitrable as long as the aspects of penal consequences are not involved. With respect to unstamped arbitration agreements too, the Court observed that deficiency in payment of stamp duty is a separate issue and must be dealt as such and as long as the deficiency in payment of stamp duty is cured by the parties within time, it would not invalidate the arbitration agreement itself. Lastly, the unscrupulous habit of the litigants to approach the High Courts under Articles 226 and 227 would also receive a blow by way of this judgment. There is one small caveat that I wish to add. Though fraud in civil domain has been held to be arbitrable yet parties may try to cleverly bypass the same by invoking frivolous criminal proceedings to oust the arbitrability of fraud. But I guess nothing much could be done about such people except initiate proceedings for malicious prosecution. All in all, it is a ground-breaking judgment and I hope that it would encourage the arbitration scenario in India.

Irish pubs are being encouraged to join a legal challenge against insurance companies who have refused to pay out business interruption claims. The ‘Save Irish Pubs’ campaign is led by businessman solicitor and owner of Charlie’s Bar in Loughrea, Brian Winters. The campaign is calling on the 7,400 pubs across Ireland to join them in taking on the insurance sector - with many Clare publicans having already come on board. There will be no costs or future penalties for publicans and those that join will be offered legal advice and a chance to have their policies interpreted and determined, as part of a number of test cases we propose taking in the Commercial Court. The campaign intends to take the fight to the insurance companies who they believe have failed in their duty to assess publicans’ claims in a fair and equitable manner. On Friday's Morning Focus, Gavin Grace spoke to Brian Winters, solicitor, owner of Charlie’s Bar in Loughrea and leader of the ‘Save Irish Pubs’ campaign. Picture © Save Irish Pubs

In the CHRISTMAS SPECIAL edition of our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions, combined with some festive cheer and a few surprises. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan, Mark Tanner and some very special guests. You can find links to our blog posts on the cases covered in this podcast below: - High Court tests newly narrowed scope of the “reflective loss” rule in first decision since the Supreme Court’s judgment in Marex https://hsfnotes.com/bankinglitigation/2020/10/14/high-court-tests-newly-narrowed-scope-of-the-reflective-loss-rule-in-first-decision-since-the-supreme-courts-judgment-in-marex/ - Commercial Court considers impact of force majeure clause on repayment obligation in sale of goods contract https://hsfnotes.com/bankinglitigation/2020/11/04/commercial-court-considers-impact-of-force-majeure-clause-on-repayment-obligation-in-sale-of-goods-contract/ - High Court finds no breach of duty by bank in exercise of enforcement rights under finance agreements https://hsfnotes.com/bankinglitigation/2020/11/24/high-court-finds-no-breach-of-duty-by-bank-in-exercise-of-enforcement-rights-under-finance-agreements/ - High Court strikes out group claims in light of parallel claims overseas: good news for parent company liability claims? https://hsfnotes.com/bankinglitigation/2020/11/20/high-court-strikes-out-group-claims-in-light-of-parallel-claims-overseas-good-news-for-parent-company-liability-claims/ - Class action reform in France: Necessary, but debatable https://hsfnotes.com/bankinglitigation/2020/11/17/class-action-reform-in-france-necessary-but-debatable/ - Capital Raisings and Opportunistic M&A in a Covid-19 Environment- Lessons Learned from the Global Financial Crisis https://hsfnotes.com/bankinglitigation/2020/10/20/capital-raisings-and-opportunistic-ma-in-a-covid-19-environment-lessons-learned-from-the-global-financial-crisis/ - Beyond Brexit: Countdown to 1 January 2021 – new video briefings and podcasts available, including on jurisdiction and enforcement of judgments https://hsfnotes.com/litigation/2020/10/28/beyond-brexit-countdown-to-1-january-2021-new-video-briefings-and-podcasts-available-including-on-jurisdiction-and-enforcement-of-judgments/ - How far can UK courts depart from EU case law? https://hsfnotes.com/litigation/2020/11/24/how-far-can-uk-courts-depart-from-eu-case-law/ Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/ Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Mark Tanner (Senior Associate)

In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Georgia Nickson. You can find links to our blog posts on the cases covered in this podcast below: Court of Appeal upholds High Court’s decision on the preferred contractual construction of a term in an exclusion clause https://hsfnotes.com/bankinglitigation/2020/09/25/court-of-appeal-upholds-high-courts-decision-on-the-preferred-contractual-construction-of-a-term-in-an-exclusion-clause/ Commercial Court grants declaratory relief to bank relating to its rights under the 1992 ISDA Master Agreement https://hsfnotes.com/bankinglitigation/2020/09/29/commercial-court-grants-declaratory-relief-to-bank-relating-to-its-rights-under-the-1992-isda-master-agreement/ High Court strikes out two IRHP mis-selling claims on the grounds of abuse of process, limitation and underdeveloped allegations of fraud https://hsfnotes.com/bankinglitigation/2020/09/22/high-court-strikes-out-two-irhps-mis-selling-claims-on-the-grounds-of-abuse-of-process-limitation-and-underdeveloped-allegations-of-fraud/ High Court refuses to strike out Quincecare duty claim against a PSP where its customer was hijacked by fraudsters https://hsfnotes.com/bankinglitigation/2020/09/23/high-court-refuses-to-strike-out-quincecare-duty-claim-against-a-psp-where-its-customer-was-hijacked-by-fraudsters/ Banking Litigation Podcast Episode 13: Monthly Update - November 2019 (in which we covered Singularis Holdings Ltd v Daiwa Capital Markets [2019] UKSC 50)https://hsfnotes.com/bankinglitigation/2019/12/02/banking-litigation-podcast-episode-13-monthly-update-november-2019/ High Court considers Quincecare and dishonest assistance claims against bank in context of Ponzi scheme https://hsfnotes.com/bankinglitigation/2020/09/21/high-court-considers-quincecare-and-dishonest-assistance-claims-against-bank-in-context-of-ponzi-scheme/ High Court finds no need to enquire into qualifications of foreign lawyer in applying English law privilege https://hsfnotes.com/litigation/2020/09/17/high-court-finds-no-need-to-enquire-into-qualifications-of-foreign-lawyer-in-applying-english-law-privilege/ Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/ Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Georgia Nickson (Associate)

Our Business Editor Will Goodbody reports that a case involving a number of well known pubs and FBD -over whether the insurance company should pay for losses incurred as a result of Covid-19 restrictions- is underway at the Commercial Court

In this fourth episode of our series of commercial litigation update podcasts, we look at a variety of cases and developments, including an update on the disclosure pilot and proposals in relation to witness statements. We also look at recent cases on privilege, witness evidence, access to court documents, claim notices and freezing injunctions. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Kevin Kilgour, a senior associate. You can find links to our blog posts on the developments and cases covered in this podcast below. • Judicial Update on operation of the Disclosure Pilot Scheme https://hsfnotes.com/litigation/2020/09/22/judicial-update-on-operation-of-the-disclosure-pilot-scheme/ • Commercial Court 125 virtual seminar: insights on virtual hearings, the disclosure pilot and witness evidence reform https://hsfnotes.com/litigation/2020/09/08/commercial-court-125-virtual-seminar-insights-on-virtual-hearings-the-disclosure-pilot-and-witness-evidence-reform/ • High Court finds no need to enquire into qualifications of foreign lawyer in applying English law privilege https://hsfnotes.com/litigation/2020/09/17/high-court-finds-no-need-to-enquire-into-qualifications-of-foreign-lawyer-in-applying-english-law-privilege/ • Split trials, supplemental statements and the need for relief from sanctions https://hsfnotes.com/litigation/2020/08/13/split-trials-supplemental-statements-and-the-need-for-relief-from-sanctions/ • High Court interprets Supreme Court guidance and refuses further provision of trial documents to non-party https://hsfnotes.com/litigation/2020/07/30/high-court-interprets-supreme-court-guidance-and-refuses-further-provision-of-trial-documents-to-non-party/ • High Court rejects indemnity claim under SPA due to a failure to notify the claim “as soon as possible” https://hsfnotes.com/litigation/2020/06/26/high-court-rejects-indemnity-claim-under-spa-due-to-a-failure-to-notify-the-claim-as-soon-as-possible/ • High Court rules claims notice invalid for failure to specify with sufficient detail the matter giving rise to the claim https://hsfnotes.com/litigation/2020/09/07/high-court-rules-claims-notice-invalid-for-failure-to-specify-with-sufficient-detail-the-matter-giving-rise-to-the-claim/ • Court of Appeal clarifies whether a fledgling business can be pursued when a freezing injunction has been ordered https://hsfnotes.com/cf/2020/09/10/court-of-appeal-clarifies-whether-a-fledgling-business-can-be-pursued-when-a-freezing-injunction-has-been-ordered/ • Post-judgment worldwide freezing order granted against defendant who had advanced a fabricated defence at trial https://hsfnotes.com/cf/2020/09/10/post-judgment-worldwide-freezing-order-granted-against-defendant-who-had-advanced-a-fabricated-defence-at-trial/

The Covid-19 outbreak has forced the Courts and lawyers to adapt overnight to conducting hearings and trials remotely, a concept almost unheard of before the pandemic. After successfully completing a three week fully remote trial in the Commercial Court (acting for the Claimant in the case of RBI v ACE & Ashurst), Rabia Ramputh, a senior associate in our commercial litigation team, shares some of her top tips on how to conduct a remote trial in the English Courts. In this episode, Rabia Ramputh explores the various preparations that should be carried out before commencement of a remote trial.

Allegations that a bribe was paid to procure a contract are by no means unknown in international business disputes heard by the Commercial Court in London. Allegations that evidence was procured by torture are thankfully rare. In this case allegations of both bribery and torture were made. A claim under a guarantee of a contract to charter a vessel was met with a defence that the contract was procured by bribery, with the consequence that the guarantee was therefore unenforceable. The allegation of bribery was founded on evidence of confessions made by the individuals who had allegedly paid and received the bribe. The claimant in turn alleged that the confessions were obtained by torture and for that reason were inadmissible as evidence in legal proceedings.

In a ToT exclusive, we welcome a Knight of the United Kingdom to the show.  That is, Sir Bernard Edder.  Bernard, in addition to having been a Barrister, Queen’s Counsel, and senior Judge in England is also a judge on the Singapore International Commercial Court and is a living encyclopedia of maritime and international arbitration law.In this week’s episode he discusses, the life of being a judge, the current and future impact for the Singapore Intl. Commercial Court, and Why England’s “Ship Arrest” Law is WRONG.So, sit back, relax, hope that no ornery shipping claimant wants to seize you and enjoy the show! Arbitration Idol Link: https://www.justgiving.com/fundraising/arbitration-idol-1 TIME STAMPS:Opening Notes: :37Interview Begins: 3:52The Dog Story: 55:35Personal Interest: 51:15Closing Notes: 71:39 SHOW NOTES:Books:  The Best & The Brightest by David Halberstam              Talking With Strangers by Malcolm GladwellMusic:   The Beatles              Adele             Barbara Streisand – Papa Can You Hear Me? CONTACT: TalesOfTheTribunal@Gmail.com

Belfast, Northern Ireland lockdown sound recorded by Georgios Varoutsos. “In the midst of a global pandemic, countries and cities have become literal ghost towns. Once flustered with sounds from human activities, this has now been overtaken from the subtle industrial, mechanical, and natural environment sounds. On Friday March 27, 2020, the 5th day of the official lockdown in the UK, I used my one daily activity of walking around the city of Belfast and quickly recorded various local or touristic points of interests with aid of VisitBelfast’s (https://s3.visitbelfast.com/app/uploads/2019/09/VB_VisitorMap.pdf) visitor map. Each of the soundscapes last two minutes because of the strict lockdown measurements set by the government, only allowing us to be outside for limited periods of time for essential grocery shopping, a daily activity, work, or health related.” "A rare occasion to witness a Friday afternoon with the entire Commercial Court empty. This popular location usually gathers groups of locals and tourists to a begin their weekend festivities. Even looking into some of the bars, they still had their St. Patrick's Day decorations up." Part of the #StayHomeSounds project, documenting the sounds of the global coronavirus lockdown around the world - for more information, see http://www.citiesandmemory.com/covid19-sounds

Tucked away in the City of London is one of the UK’s most successful invisible exports. But is the Commercial Court threatened by international developments? Joshua Rozenberg investigates. Italy has extended its emergency coronavirus measures and Prime Minister Giuseppe Conte has ordered people to stay at home. Lawyer Mariella Melandri tells Law In Action how this is affecting her legal practice and clients. The government is planning emergency legislation allowing people who are forced to self-isolate to appear in court by video link or telephone. Is this an adequate substitute for a face-to-face hearing? Joshua speaks to immigration barrister Colin Yeo. Also, is India’s Citizenship Amendment Act (CAA) unconstitutional? Dr Rahul Rao, Senior Lecturer in Politics at the School of Oriental and African Studies at London University, explains why this controversial law is being challenged in the Indian Supreme Court. Producer: Neil Koenig Researcher: Di Richardson

In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Daniel May.You can find links to our blog posts on the cases covered in this podcast below:High Court grants proprietary injunction against Bitcoin exchange holding proceeds of ransomware attackHigh Court upholds financial institution restructuring unit’s exercise of its powers under facility agreement following borrower default, finding there was no “relational contract” and rejecting claims for intimidation and economic duressHigh Court strikes out claim against banks in their capacity as lenders to investors of a tax deferral schemeJoint Operating agreement arguably a "relational contract" but Commercial Court declines to imply duty of good faith or Braganza dutyCourt of Appeal finds legal advice privilege is subject to a “dominant purpose” testDon't forget to subscribe to the banking litigation blog

In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Daniel May. You can find links to our blog posts on the cases covered in this podcast below: High Court grants proprietary injunction against Bitcoin exchange holding proceeds of ransomware attack - https://hsfnotes.com/litigation/2020/02/03/high-court-grants-proprietary-injunction-against-bitcoin-exchange-holding-proceeds-of-ransomware-attack/ High Court upholds financial institution restructuring unit’s exercise of its powers under facility agreement following borrower default, finding there was no “relational contract” and rejecting claims for intimidation and economic duress - https://hsfnotes.com/bankinglitigation/2020/02/13/high-court-upholds-financial-institution-restructuring-units-exercise-of-its-powers-under-facility-agreement-following-borrower-default-finding-there-was-no-relational-contract-and-rejec/ High Court strikes out claim against banks in their capacity as lenders to investors of a tax deferral scheme - https://hsfnotes.com/bankinglitigation/2020/01/21/high-court-strikes-out-claim-against-banks-in-their-capacity-as-lenders-to-investors-of-a-tax-deferral-scheme/ Joint Operating agreement arguably a "relational contract" but Commercial Court declines to imply duty of good faith or Braganza duty - https://hsfnotes.com/litigation/2020/02/03/joint-operating-agreement-arguably-a-relational-contract-but-commercial-court-declines-to-imply-duty-of-good-faith-or-braganza-duty/ Court of Appeal finds legal advice privilege is subject to a “dominant purpose” test - https://hsfnotes.com/litigation/2020/01/30/court-of-appeal-finds-legal-advice-privilege-is-subject-to-a-dominant-purpose-test/ Don't forget to subscribe to the banking litigation blog - https://hsfnotes.com/bankinglitigation/subscribe/

Lord Thomas was called to the bar in 1969 and after a long and distinguished career became Chief Justice of England and Wales between 2013 and 2017.  In this interview we talk about his early career and what led him to that role and what he is involved in today and what it is like being a peer in the House of Lords.  We also talk about the place of the Judiciary and role of the Judge.  He was the New Zealand Law Foundation’s 2019 Distinguished Visiting Fellow and visited New Zealand in September 2019 where he spoke at the Canterbury University Law School. In this interview we talk about a variety of topics including constitutional reform, being somewhere where something happens, having a young family and a busy career, changes to the practise of law since he began working, being in Chicago in the late 1960s, what it is like to be a Judge, digitising of the Courts and being involved in Constitutional changes, the role of law schools of the future, as well as joining the House of Lords. Seeds is all about hearing diverse and varying perspectives and life journeys, which is why this interview fits so well with others even if they cover the life story of a Nun, someone who has been trafficked or someone who is 6 years old.  There are many dozens of interviews in the back catalogue now at www.theseeds.nz  A very big thanks to The Law Foundation as well as Canterbury University Law School for arranging this interview (in particular, Stephen Todd, Ursula Cheer, Elizabeth Toomey and Julie Scott). Full Bio: https://arbitratorsinternational.com/arbitrator/lord-thomas-of-cwmgiedd/ Information about the trip: https://www.lawfoundation.org.nz/?p=9731&e=1 From The Law Foundation description: "Lord Thomas read law at Trinity Hall, Cambridge and the University of Chicago Law School and was called to the bar by Gray’s Inn. He practiced at the Commercial Bar in London from 1972 to 1996, becoming a QC in 1984. He was appointed to the High Court of England and Wales in 1996. He was successively a Presiding Judge in Wales, Judge in Charge of the Commercial Court, the Senior Presiding Judge for England and Wales, a Lord Justice of Appeal, President of the Queen’s Bench Division and Lord Chief Justice of England and Wales (2013 - 2017). He was a founder of the European Network of Councils for the Judiciary and its President from 2008-2010. He is currently Chairman of the Commission on Justice in Wales, Chairman of the London Financial Markets Law Committee and President of the Qatar International Court and Dispute Resolution Centre. He also sits in the House of Lords. He has returned to Essex Court Chambers where he practices as an arbitrator. He is Chancellor of the Aberystwyth University and is an honorary fellow of several universities. He is a founder member of the European Law Institute and is currently a member of its Executive Committee."  

In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. You can find links to our blog posts on some of the cases covered in this podcast below: • Court of Appeal clarifies test for rectifying terms of written contract for common mistake hsfnotes.com/bankinglitigation/2019/08/05/court-of-appeal-clarifies-test-for-rectifying-terms-of-written-contract-for-common-mistake/ • Commercial Court considers contractual discretion of bank to close customer account without notice where there is suspicion of money laundering hsfnotes.com/bankinglitigation/2019/07/31/commercial-court-considers-contractual-discretion-of-bank-to-close-customer-account-without-notice-where-there-is-suspicion-of-money-laundering/ • Supreme Court clarifies broad scope of court’s discretion to grant non-party access to court documents hsfnotes.com/litigation/2019/07/30/supreme-court-clarifies-broad-scope-of-courts-discretion-to-grant-non-party-access-to-court-documents/ • High Court finds there is no power to stay English proceedings to give effect to exclusive jurisdiction clause in favour of non-EU court unless proceedings were commenced first in the foreign court hsfnotes.com/litigation/2019/07/09/high-court-finds-there-is-no-power-to-stay-english-proceedings-to-give-effect-to-exclusive-jurisdiction-clause-in-favour-of-non-eu-court-unless-proceedings-were-commenced-first-in-the-foreign-court/ • What securities litigators need to know about the new Prospectus Regulation hsfnotes.com/bankinglitigation/2019/07/24/what-securities-litigators-need-to-know-about-the-new-prospectus-regulation/

In our monthly update podcast, we look at key recent judgments likely to be of interest to financial institutions. Don't forget to subscribe to the Banking Litigation Blog: https://hsfnotes.com/bankinglitigation/subscribe/ You can find links to our blog posts on some of the cases covered in this podcast below: Commercial Court adopts broad interpretation of investment bank fee clause in equity and debt finance raising https://hsfnotes.com/bankinglitigation/2019/07/15/commercial-court-adopts-broad-interpretation-of-investment-bank-fee-clause-in-equity-and-debt-finance-raising/ Court of Appeal decision illustrates proper application of compensatory principle of damages, as well as modern approach to contractual interpretation https://hsfnotes.com/litigation/2019/07/08/court-of-appeal-decision-illustrates-proper-application-of-compensatory-principle-of-damages-as-well-as-modern-approach-to-contractual-interpretation/ High Court confirms LMA anti set-off clause applies to equitable set-off https://hsfnotes.com/bankinglitigation/2019/06/27/high-court-confirms-lma-anti-set-off-clause-applies-to-equitable-set-off/ New Hague Judgments Convention: finally adopted but may be some years before impact is felt https://hsfnotes.com/litigation/2019/07/05/new-hague-judgments-convention-finally-adopted-but-may-be-some-years-before-impact-is-felt/ High Court finds SFO can compel production of documents held by foreign company outside the jurisdiction https://hsfnotes.com/bankinglitigation/2018/11/12/high-court-finds-sfo-can-compel-production-of-documents-held-by-foreign-company-outside-the-jurisdiction/

Hey Church, this week Pastor Lorne is kicking off a new series called "Soul Detox" talking about the differences between Spirit, Soul, and Body! Join us as we dive in to this topic over the next month. If you want to join us in person We meet at 91 Commercial Court, Calgary AB, every Sunday at 9:30a & 11:15a. For more info on us visit our website www.myc3church.ca or find us on instagram at @c3calgarywest. Have a great week!

DATUM OPNAME: 08 februari 2019. De Netherlands Commercial Court (NCC) is op 1 januari 2019 van start gegaan. Het alternatief voor grote internationale handelsgeschillen. De NCC behandelt zaken standaard in het Engels en doet in het Engels uitspraak. In deze aflevering van AboutLaw spreken wij met Christoph Jeloschek, advocaat en partner bij Kennedy Van der... Het bericht Afl. 03: Netherlands Commercial Court verscheen eerst op AboutLaw.

Mark Coles profiles Sir Martin Moore-Bick, the retired judge leading the public inquiry into the Grenfell Tower fire Sir Martin was born in Wales and educated at Cambridge. His career has spanned nearly five decades after being called to the Bar in 1969. As a lawyer, he specialised in commercial law which involved dealing with disputes relating to maritime and land transport of goods. He was a judge for more than twenty years in the Commercial Court and Court of Appeal until his retirement in 2016. Producers: Smita Patel and Jordan Dunbar.

When a case drags on for almost 15 years without a resolution something has to be done to offer some finality. The Court of Appeal hoped to do this by remitting this Nigerian enforcement action to the Commercial Court but when they also required a $100million security payment the NNPC appealed to the Supreme Court.

Court is back in session as Andrew and Genevieve adjudicate more commercial cases brought to them by the Ad Council. It's good judge vs bad judge on everything from Jon Hamm's donut fetish to Geico's latest onslaught.

Andrew and Genevieve issue rulings on the commercials that the Ad Council brings before the court. Plus they find one product that Andrew can't be objective about.