litigation Archives

Negotiations: Why do we avoid uncertainty?

The second article in a series on how to improve your strategic negotiation and decision-making skills by addressing natural cognitive biases.

February 22, 2019 Conflict

Competition for commercial disputes around the world

At the moment the political and legal commentators in the UK are fixated on Brexit. And no wonder. In only a few weeks the UK could see the biggest political and legal in generations. In the midst of that change, many have questioned the future role for London as a

February 5, 2019 All / Conflict

After the event insurance: getting the policy terms right

Legal costs are an unavoidable part of the dispute resolution process and often become a dominant issue as cases progress through the courts. Generally speaking, the losing party has to pay at least a proportion of the winning party’s legal costs. It’s therefore important, before embarking on litigation, to consider

November 26, 2018 All / Conflict

A long and winding road ahead for trucks manufacturers?

Claire Stockford has published in Litigation Futures on the claims facing trucks manufacturers following European Commission findings of collusion. You can read the post here: A long and winding road for trucks cartel litigation

November 26, 2018 Conflict / Regulation

Lloyd v Google LLC – relief for the data sector?

Some saw this case as a multi billion pound representative action, seeking justice in the face of unwarranted use of personal data. Others saw it as a doomed attempt to drive a consumer rights agenda by Mr Lloyd, who has had a long career in consumer protection, and was Executive

September 27, 2018 Conflict / Regulation

Comment on Sentencing Remarks in the Euribor Prosecution

Proportionate sanctions, the need for robust compliance procedures, and the importance of mitigation. Background In July 2018, Christian Bittar and Phillipe Moryoussef were sentenced to imprisonment for five years, four months and eight years respectively. Philippe Moryoussef was found guilty of manipulating Euribor, whilst Christian Bittar (who was described as

July 26, 2018 Conflict

Class actions, DBAs and litigation funding

Delighted to be published in the New Law Journal, looking at how the recent reforms around group proceedings, damages based agreement and litigation funding might play out in Scotland. Without spoiling it, the key to making Scotland an attractive jurisdiction is to focus on effective and dynamic case management. https://www.newlawjournal.co.uk/content/civil-litigation-reform-scotland-what-next

July 20, 2018 Regulation

Recent Anti-Bribery Decision Could Have Far-Reaching Consequences

In a recent decision, two individuals were sentenced for Bribery Act 2010 offences (bribing a person, and being bribed). The outcome of those criminal proceedings is instructive, both in terms of (1) illustrating the consequences to company directors of being found guilty of bribery offences, as well as, (2) providing

July 19, 2018 All

Google fined again by the European Commission for anti-competitive practices – is it “doing the right thing”?

In 2015 Google changed its corporate motto from “Don’t be evil” to “Do the right thing”. Can it be said to be living up to its latest motto when only a year after being fined €2.4bn for manipulating the results of its Google Shopping service, it has now been fined

June 26, 2018 Conflict / Regulation

Is your dispute resolution clause Brexit-ready?

In the deal-making environment, dispute resolution clauses are often neglected. The parties, understandably, devote most of their attention to the substance of the deal – who will do what, when and for how much – rather than planning for how disputes will be resolved if the deal goes wrong. Nonetheless,