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) [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
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 [2016] 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.
In this month’s column, Chair of the Bar Sam Townend KC highlights the many reasons why barristers should pay the Bar Representation Fee and back the Bar Council’s efforts on behalf of the profession
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
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Lighting fires that cast unfairness into the shadows, creating history at home and abroad, and being comfortable with who you are – the remarkable criminal and international human rights barrister Kirsty Brimelow KC
GLD barrister Caroline Croft, one of the largest legal heads in the country, tells Anthony Inglese what drew her to public law and politics
Deaccession, repatriation and the British Museum thefts. By Fahrid Chishty and Natalia Ameen
Bibi Badejo reports from a packed Inns of Court Women’s Alliance event examining the experiences of Black women barristers and imparting crucial advice for Black women navigating the legal profession
With AI models the subject of litigation worldwide, courts are grappling with what copyright protects, what it should protect, and how. Mark Wilden reports