Partner Content

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.

In two recent important cases on restitution, Commissioners for HM Revenue and Customs v Investment Trust Companies (In Liquidation) [2017] UKSC 29 (ITC) followed by Lowick Rose LLP v Swynson Ltd [2017] 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

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. 

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.

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.