This article analyses that part of the judgment of Leggatt J in Astor Management AG v Atalaya Mining plc which deals with the enforcement of an “all reasonable endeavours” obligation to reach agreement with a third party. It finds the decision to be robust and commercially pragmatic because of the judge’s willingness to give meaning to a contractual clause agreed upon by the parties and his reluctance to second-guess a commercial party on matters of commercial judgment.
Recent cases have highlighted perceived problems caused by the largely unfettered availability of calls on standby letters of credit or performance bonds in circumstances where the underlying parties are already embroiled in some form of relevant dispute resolution procedure. In this article, Andrew Ayres QC questions the reluctance of the courts to interfere with the cashflow dynamics between the parties to a standby.
In two recent important cases on restitution, Commissioners for HM Revenue and Customs v Investment Trust Companies (In Liquidation)  UKSC 29 (ITC) followed by Lowick Rose LLP v Swynson Ltd  UKSC 32 (Lowick), the Supreme Court revoked the permissive ‘judicial licence to meet the perceived requirements of fairness on a case by case basis’. What prompted this rebuke and how were matters straightened out, asks Thomas Lowe QC
Hodge Malek QC & James Potts examine a recent Court of Appeal decision on the ability of (in this case) the special liquidator of a bank to market the bank’s good loans for sale as part of a package containing distressed debt
Geoffrey Bindman QC reflects on the trial of Socrates & the power of politics to defeat human rights
Politicians who disparage human rights sometimes give the impression they are dealing with an ill-considered invention of modern left-wing ideologues.
Rupert Bowers QC and Daniel Godden writing on the recent case of NCA v. Simkus and Ghulam and Jardine
The recent judgment of the High Court in The National Crime Agency v. Simkus and Ghulam and Jardine  EWHC 255 (Admin) will be of interest to lawyers who deal with restraint orders, disclosure orders, and in the civil regime of recovery of the proceeds of crime.
Alexander Bastin on forfeiture—pitfalls & remedies
Several issues can arise in forfeiture proceedings where a defendant fails to attend the first hearing and a possession order is made.
James Potts considers the client money issues raised by the peculiarities of brokerage business models and the need, despite the amended CASS rules, for an effective client money distribution regime
In light of the recent administration of foreign exchange broker Alpari (UK) Ltd, it is topical to review the position of interdealer brokers in relation to the FCA’s Client Assets Sourcebook (CASS) rules, which have been significantly amended with effect from 1 June 2015
Liisa Lahti asks what is an award creditor looking for in an asset?
This article sets out some of the key issues that an award creditor faces when seeking to enforce an arbitration award against a State.
Catherine Baksi delves into the debate on having a non-lawyer as Lord Chancellor.
The bête noire of many in the legal profession, the Lord Chancellor and Secretary of State for Justice Chris Grayling, courted controversy last week declaring he saw no “disadvantages” in the former role being held by a non-lawyer.
Philip N Bristow explains how to unlock your aged debt to fund your tax in one easy step
With the property market witnessing significant changes since the beginning of the pandemic, Fleet Street Wealth’s Managing Director Julian Morgan considers the future of the home, the second home and the office
In partnership with the Bar Council, LexisNexis is offering up to 60% off its extensive webinar offering.
The pandemic and widespread introduction of remote hearings has been an interesting start to a career at the Bar: Lola-Rose Avery shares a day in her life
Bridging the Bar (BTB) is opening up the Bar to people from non-traditional backgrounds. BTB mentor, Laurence Cooper and his mentee, Jake Acock chat about the mentoring scheme
Lack of networking and advocacy opportunities have been pupils biggest challenges during COVID.Melissa Elsworth,Thomas Harvey andMani Basi explain how theFamily Law Bar Associations expanding Pupillage Project is helping to fill the gap
Your guide to making it as a NY attorney and practical issues for English barristers. By Teresa Rosen Peacocke and Alex Haines