News & Analysis as of

English Common Law

Hogan Lovells

Supply chain liability under the law of negligence: What does Jabir and Others v KiK Textilien und Non-Food GmbH mean for European...

by Hogan Lovells on

Last month a court in Dortmund heard arguments in Jabir and others v. KiK Textilien und Non-Food GmbH.  It is a case brought against a German retailer, under English law principles of tort in relation to a fire at the factory...more

Patterson Belknap Webb & Tyler LLP

Creditors’ Contractual Autonomy Does Not Triumph the Value of Bankruptcy Law as a Collective Dispute Resolution Mechanism

In a recent cross-border insolvency case, In re Agrokor d.d., 591 B.R. 163 (Bankr. S.D.N.Y. 2018), Judge Glenn of the United States Bankruptcy Court for the Southern District of New York recognized and enforced a...more

Dentons

Compromising English law debts: has the rule in Gibbs had its day?

by Dentons on

Under current English law, an English law debt can only be compromised by agreement or by the English courts. This is known as the "rule in Gibbs", after the 1890 Court of Appeal case which established the principle. It means...more

Dentons

The insider threat and data protection

by Dentons on

If we were to hazard a guess at what furrows the brows of Data Protection Officers (DPOs) when considering data breach risk, following the Court of Appeal's judgment in WM Morrison Supermarkets Plc v. Various Claimants [2018]...more

Shearman & Sterling LLP

New ISDA Documentation On Brexit: Will English Law Remain Even If The UK Does Not?

by Shearman & Sterling LLP on

Some have expressed concern that Brexit will reduce the use of English law derivatives documentation. Any such concern is in our view unfounded, as this note explains....more

Latham & Watkins LLP

Is Good Faith a Bad Choice Under English Law?

by Latham & Watkins LLP on

Although there remains no widely accepted definition of good faith under English law, and English law has committed itself to no overriding principle of good faith, English law has developed piecemeal solutions in response to...more

Hogan Lovells

Forum non-conveniens and access to remedy in transnational business and human rights litigation: an update from Brexit Britain and...

by Hogan Lovells on

What is forum non-conveniens? According to the principle of “forum non-conveniens” (or inconvenient forum), a court has the power to dismiss a civil action where an appropriate and more convenient alternative forum exists. ...more

White & Case LLP

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Dentons

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

Morrison & Foerster LLP

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

Latham & Watkins LLP

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

Cadwalader, Wickersham & Taft LLP

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

Dentons

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

Morrison & Foerster LLP

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

King & Spalding

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

Orrick, Herrington & Sutcliffe LLP

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

Dentons

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

Bilzin Sumberg

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

Dentons

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

Shearman & Sterling LLP

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

Dentons

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

Allen Matkins

“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

Bryan Cave Leighton Paisner

Notions de secret professionnel dans un monde des affaires mondialisé

by Bryan Cave Leighton Paisner 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

Dentons

Cavendish Square – how the new penalties test affects banking transactions

by Dentons on

In Cavendish Square Holding BV v. Makdessi and ParkingEye Ltd v. Beavis, reported together at [2015] UKSC 67 (Cavendish Square) the Supreme Court reviewed, and significantly recast, the basis on which a contractual term will...more

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Updates to This Policy

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Contacting JD Supra

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