Searching Content indexed under Litigation, Mediation & Arbitration by Gowling WLG ordered by Published Date Descending.
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The Basics: How To Enforce A Domestic Judgment In England & Wales
Whilst receiving a judgment in your favour may feel like the culmination of a potentially lengthy legal process, it may be just the first step (though an important one) on the path to financial recovery.
21 Aug 2019
Do Approved Inspectors Owe A Duty Under S.1(1) Of The Defective Premises Act 1972 In The Exercise Of Their Building Control Functions?
Continuing in our series on the implications following the Grenfell Tower disaster, we consider the Court of Appeal judgment in The Lessees and Management Company of Herons Court v NHBC Building
16 Aug 2019
Recognizing Tax Implications For Damage Awards
As Celine Dion once sang, taxes are as inevitable as rain.
6 Aug 2019
To Vest Or Not To Vest: Interests In Land And The Powers Of Insolvency Courts
On June 19, 2019, the Ontario Court of Appeal released its decision in Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc
5 Aug 2019
Hanging By A Thread: Rescission In Collins Family Trust v Canada
The British Columbia Supreme Court ("BCSC") decision in Collins Family Trust v Canada (Attorney General)[1] ("Collins") grants at least a temporary reprieve for the equitable
5 Aug 2019
Court Finds Power Of Inspection Is Limited In The Event Of Litigation
How does one reconcile the concept of equality of the parties before the court and the guiding principle of fair debate with a party's statutory advantage of being able to obtain information
1 Aug 2019
The Final Report: LCO Recommendations For Class Actions In Ontario
On July 17, 2019, the Law Commission of Ontario ("LCO") released its final report recommending changes to Ontario's class action legislation and practice (the "Report").
30 Jul 2019
The Basics: Does Legal Professional Privilege Apply To All Communications With Or Through A Solicitor?
The principle that a client should be able to consult a lawyer in confidence without fear of having to disclose communications between them at a later date is a fundamental right that has long been recognised...
29 Jul 2019
Actavis v Eli Lilly: The Impact On Patent Infringement Law In The UK Two Years On
It is now two years since the UK Supreme Court's judgment in Actavis v Eli Lilly UKSC 48 re-steered in a markedly different direction the law of patent infringement in the UK, stating that there is a doctrine...
24 Jul 2019
Ensure Your Contracts Reflect Your Intention – Say What You Mean (And What Might Happen If You Don't)
The decision in Network Rail Infrastructure Ltd v ABC Electrification Ltd [2019] is a clear example of the courts' approach to contractual interpretation, focusing primarily on one clause of the contract.
22 Jul 2019
The Basics: Funding Options For Commercial Disputes
The legal costs incurred in pursuing or defending a commercial claim can be substantial. Although the general rule in commercial disputes is that the loser pays the legal costs
16 Jul 2019
Post-Termination Restrictions: The Supreme Court Reinvigorates The Blue Pencil Test
On 3 July, the Supreme Court handed down its judgment in Tillman v Egon Zehnder Ltd on whether a restrictive covenant that prevents an ex-employee from being "interested in" a competitor for six months.
16 Jul 2019
The Basics: What Does "Without Prejudice" Mean And When Do I Need To Use It?
What does it mean if a letter or email you receive is marked "without prejudice" (WP) or if the other party to the dispute proposes a without prejudice discussion?
8 Jul 2019
Saudi Arms Case - Government Told To Ask The Right Questions, And Answer Them
The Court of Appeal's decision in R (on the application of Campaign Against Arms Trade) v Secretary of State for International Trade presents a rare example of a successful challenge
8 Jul 2019
Pensions Tax Mistakes Can Sometimes Be Undone
Her Majesty's Revenue and Customs (HMRC) has confirmed it is not appealing against the tribunal's ruling in the case of Hymanson v Revenue and Customs Commissioners [2018] UKFTT 667 (TC)
3 Jul 2019
Rare Successful Challenge To Arbitral Award For "Serious Irregularity"
The recent Commercial Court decision in K & Others v P & Others provides a rare example of a party successfully challenging an arbitral award on grounds of serious irregularity.
2 Jul 2019
Skiers Beware: Limitations Of Liability On Lift Ticket Upheld
a recent decision, the British Columbia Supreme Court dismissed a claim brought against a ski resort by a guest who suffered catastrophic bodily injuries
United States
2 Jul 2019
Interim Injunctions - The Dangers Of Being Trigger-Happy
An injunction can be sought from the Court before or after proceedings have been commenced to either stop a company or person from doing something (a prohibitory injunction)
25 Jun 2019
The Basics: What Documents Must Be Disclosed To An Opponent In A Dispute?
One of the distinguishing features of litigation in England and Wales is the process of disclosure, whereby the parties to a claim must identify and make available to each other documents that help their own case...
21 Jun 2019
Overseas Claims For Foreign Environmental Harm: Vedanta And The Canadian Context
Last month, in Vedanta Resources PLC & Another v. Lungowe & Others, the UK Supreme Court allowed Zambian citizens to proceed with a claim in the UK against a UK-based mining company
19 Jun 2019
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