The Autumn 2017 issue of our Resolve publication includes: Quick summaries for those involved in disputes; Contract formation and management; Vulnerability of banks to fraud perpetrated by their customers and more...


Quick summaries for those involved in disputes

Our quick summaries in this issue include recent cases on: guidance on potential pitfalls in standstill agreements; validity of service of claim form is determined by reference to CPR 7.5, not CPR 6.14; claim form sent "for information" will not be treated as served, even exceptionally; Part 36: normal costs rule not displaced.

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Contract formation and management

Recent case law has reconfirmed that under English law it is possible (save where formalities are required by statute) to conclude a contract without any formalities or reducing it to writing. For the contract to come into existence there must be an agreement, which is intended to be legally binding, supported by consideration and sufficiently certain and complete to be enforceable.

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Vulnerability of banks to fraud perpetrated by their customers

On 24 August 2017, the High Court handed down its judgment in the case of Bernard Chudley and others v Clydesdale Bank PLC [2017] EWHC 2177 (Comm). In this case, the Court considered whether the defendant bank (Bank) was liable for a fraud perpetrated by its customer, Arck LLP (Arck).

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Privilege round up

A review of recent cases on waiver and privilege include: deliberate waiver during trial; the test for collateral waiver; waiver by (obvious) mistake; inadvertent waiver where parties unrepresented and privilege – still an absolute right.

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Court of Appeal hands big boost to victims of defamatory media coverage

The Court of Appeal handed down its long awaited judgment on the controversial new 'serious harm' test under section 1(1) of the Defamation Act 2013, which media defendants have been seeking to rely on to knock out libel claims at an early stage.

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Promotions to the Supreme Court

The Supreme Court of the United Kingdom, the nation's highest court, has twelve judges or "justices". Judicial retirement age is 75 (for those admitted pre 31 March 1995) or 70 (for those admitted from 31 March 1995). Six of the Justices will step down and be replaced in 2017 and 2018, and the process has already begun.

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Employees have a right to privacy even when messaging on a work system

Those of us who enjoy the uncertain privilege of working in open plan may have waved good-bye to any privacy at work long ago, but spare a thought for the Romanian engineer who used a work-related Yahoo messaging account to exchange intimate chat with his fiancée. His employer then saw fit to deploy those messages when he was fired for misuse of that messaging service.

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Key contacts

Kate Menin

Kate Menin

Principal Knowledge Lawyer, Dispute Resolution
London

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David Engel

David Engel

Partner, Dispute Resolution
London

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Duncan Henderson

Duncan Henderson

Managing Associate (Barrister), Finance Disputes
London

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Ryan Geldart

Ryan Geldart

Associate, Commercial Disputes
Leeds

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