Commercial News

When will solicitor’s working papers (as opposed to advice) attract privilege? And what is the scope of legal advice privilege (“LAP”) and litigation privilege (“LP”)? Charles Irvine (call 2010) analyses the recent case of Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Ltd [2017] EWHC 1017 (QB), its impact on its impact for civil litigation. Charles is a Commercial Law barrister who specialises in Insolvency and commercial matters. View his profile here....

The Intellectual Property (Unjustified Threats) Act 2017 received Royal Assent on 27 April 2017. The Act is expected to come into force in the Autumn 2017. This long overdue Act is likely to be well received by IP owners and IP practitioners as it provides consistency and more clarity to an area which has historically been riddled with uncertainty. The Effect: In the UK it is possible to bring an action against groundless threats of...

The Supreme Court has recently heard a challenge to the SAAMCO ‘scope of duty’ principle, in the context of a professional negligence claim against conveyancers. Seb Oram analyses the recent, landmark decision in BPE Solicitors v. Hughes-Holland [2017] UKSC 21 (SC) that considers how the scope of duty principle applies. To read Seb's article, click here. Seb is a commercial barrister who regularly acts in professional negligence claims against professionals in the legal, property and...

3PB Barristers' Commercial law group brings you the Spring Edition of its Business & Commercial Legal Update Handout. Please click here to view it. Topics Incomplete contracts and implied terms: Wells v. Devani [2016] EWCA Civ 1106 Directions that override limitation provisions, when restoring a company to the register: Davy v Pickering [2017] EWCA Civ 30 Contract: remedies and loss of chance: Scottish Power v BP and McGill v SEM Civil Procedure: costs and security for costs: a.      departing from...

If a solicitor correctly interprets a term within a contract, but fails to advise the client as to the risk of a counter-interpretation, has there been a breach of duty?  And can there be a claim for damages? Matthew Cannings (Call 2006) analyses the most recent contribution of the Court of Appeal to the question of solicitors' duties, in Balogun v Boyes Sutton & Perry (a firm) [2017] EWCA Civ 75. Matthew is a Property...