News & Analysis as of

English Common Law

Contract termination: terminating under the contract vs terminating at common law

by White & Case LLP on

Contract terminations are often loaded with legal risk, and therefore parties often rely upon as many grounds as possible to justify a termination. A recent English case highlights the risks associated with terminating solely...more

UK Law Lords in Historic Decision on Employment Tribunal Fees

In a judgment that many commentators are calling the most significant in employment law in over 50 years, on July 25, 2017, the United Kingdom’s Supreme Court decided that the system whereby employees must pay fees to bring...more

ISDA Master Agreement – Court of Appeal favours chosen law over local

by Dentons on

When commercial parties choose English law to govern their hedging or financing contracts, the English courts will usually apply that choice with very few exceptions. A recent Court of Appeal case further narrows one such...more

The Application of Mandatory Rules of Italian Law to Interest Rate Swaps Governed by an English Law ISDA Master Agreement: English...

by Morrison & Foerster LLP on

Where parties to a contract choose English law to govern that contract, there are few rules that allow a foreign law to intervene. The recent decision of the Court of Appeal in Dexia Crediop SpA v Comune di Prato [2017] EWCA...more

Well-being of Future Generations (Wales) Act 2015 and the Public Trust Doctrine: What Can We Expect?

by Latham & Watkins LLP on

The public trust doctrine is the principle that certain natural and cultural assets are preserved for public use and that it is the government’s obligation to protect and regulate these, both now and for future generations....more

Navigating the Currents – Legal Privilege Under English Law

On 8 May 2017 the High Court in London applied a strict approach to litigation privilege in the context of self-reporting investigations. It is the first case in which a court has considered whether litigation privilege is...more

Asymmetric jurisdiction clauses in finance agreements – where are we now?

by Dentons on

Asymmetric jurisdiction clauses have been a common feature of English law finance agreements for many years, but there can be risks in using them. This article explains the most important recent developments for parties that...more

Brexit Briefing: English Law Funding For European Banks In Focus As BES Creditors Left Behind… Again

by Morrison & Foerster LLP on

The Court of Appeal has upheld the validity of Banco de Portugal’s exercise of its resolution powers, overturning last year’s decision of the High Court - The Facts - Readers familiar with this case will recall that...more

Default interest gets washed out of the waterfall

by Reed Smith on

The degree to which certain elements of a recovery right under a contract, including a debt instrument, are assignable or transferable to a third party has been questionable under English law for some time. “Litigation...more

Reed Smith Prepares Enforceability Opinion for IECA New Master Netting Agreement

by Reed Smith on

On October 7, 2016, Reed Smith assisted the International Energy Credit Association (“IECA”) in preparing an enforceability opinion for the release its Master Netting Agreement (the “MNA”) under both English and U.S. law....more

The Common Law Touch - The status of English law for international business post-Brexit

by King & Spalding on

The UK referendum result in June 2016, which saw the majority of the electorate vote to leave the European Union (EU), has presented many questions about the future legal implications of a Brexit. While individual legislative...more

English Law Schemes of Arrangement: Class Composition

Having received the sanction of antitrust regulators in Europe, the U.S., China and South Africa, the planned merger of brewing giants AB InBev and SABMiller was scrutinised this week by the High Court in London on a topic...more

Distinguishing ‘collateral lies’ from the fraudulent claims rules in insurance contracts: the lie is dishonest but the claim is...

by Reed Smith on

In Versloot Dredging BV and another v HDI Gerling Industrie Versicherung AG and others [2016] UKSC 45, handed down, last month, the Supreme Court ruled that a “collateral lie” made during the course of an insurance claim...more

Good Faith and Contract Termination

by Dentons on

Deciding whether to terminate a contract, whether at common law for an alleged repudiatory breach or under a specific term in the agreement, is rarely easy. Get it wrong and you may be in breach yourself. In several cases...more

Reforma de las impugnaciones a licitaciones de la Oficina de Fiscalización del Gobierno (GAO) de EE. UU.

by Bilzin Sumberg on

Los debates en Washington D.C. sobre gastos asociados con las impugnaciones a licitaciones relacionadas con la defense estimulan nuevas leyes que podrían reducir los intentos de la protesta. La Oficina de Fiscalización del...more

Brexit: Impact on English dispute resolution

by DLA Piper on

English lawyers have grown accustomed to working within a harmonised EU legal system that includes cross-border overarching frameworks dealing with issues of jurisdiction and enforcement. Whilst EU law will continue to apply...more

Brexit: Impact on governing law and jurisdiction clauses - Is it still appropriate to choose English governing law and...

by Dentons on

Following the referendum vote, should parties continue to choose English governing law and the jurisdiction of the English courts in their commercial agreements? Here are three key points to consider....more

Brexit: what might it mean for franchising? Top points

by DLA Piper on

The effect of the Brexit vote is not, of course, just about the UK. It affects continental Europe and beyond. Post referendum, the UK is on course to leave the European Union and one of the effects of that will be the need...more

Brexit: Key Issues for General Counsel

by Shearman & Sterling LLP on

On June 23rd, the UK electorate voted to leave the European Union in an advisory referendum. We expect the UK Government to commence negotiations to withdraw and to establish a framework for the UK’s new relationship with the...more

Guarantees and Suretyships – Can you ever really be sure of your surety?

by Dentons on

Recent revisions to the Russian Civil Code broaden the range of entities able to issue Russian law independent guarantees and introduce the concept of indemnities. These developments further complicate the decision on the...more

“We Reserve The Right To Refuse Service To Anyone”, But What Would Blackstone Do?

by Allen Matkins on

I’ve previously written about how both California and Nevada have statutorily adopted the common law of England as the rule of decision for courts in those states. See Ahistorical Bedfellows: The California Corporations Code...more

Brexit Insights - Setting the Scene

by Reed Smith on

At present, the only thing that appears certain about Brexit is the uncertainty that it poses for UK and EU businesses. The referendum on the 23rd June will determine whether the UK should remain part of the EU or...more

DIFC Court confirmed as a ‘Conduit’ Jurisdiction for Enforcement

by Reed Smith on

Executive Summary - In the DIFC Court of Appeal’s recent decision DNB Bank ASA v. Gulf Eyadeh [CA-007-2015], the DIFC court has confirmed its availability as a so-called ‘conduit’ jurisdiction. Parties may opt to enforce...more

To submit or not to submit – questions of jurisdiction

by Reed Smith on

This appeal arose out of the litigation fallout from the Bernard Madoff Ponzi scheme. In the appeal, the Privy Council considered whether, at common law, an agreement to submit to jurisdiction must be express or whether it...more

Notions de secret professionnel dans un monde des affaires mondialisé

by Bryan Cave on

Dans notre monde des affaires désormais mondialisé, nombreuses sont les contraintes d’ordre juridique, dépassant le strict cadre national, qui sont depuis longtemps maîtrisées par les acteurs économiques, que ce soit, par...more

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