log in
Submit an Article | Back

Member Articles

Selected Filters:
Practice Industry: Dispute Resolution, Transportation

Sort By Title  |  Sort By Date

Interpreting five key recommendations of the Independent Fan-Led Review of Football Governance
Shepherd and Wedderburn LLP, January 2022

  In May 2021, the UK Government commissioned an independent, fan-led review of football governance in England following three “crisis events”. The report has thus far received a varied reception. Some have welcomed its recommendations, and believe that they will bring about much needed reform of the current model of football governance...

Farmers caught out by GAEC requirements
Shepherd and Wedderburn LLP, January 2022

 I have recently been advising a farmer in relation to an appeal against a department penalty imposed for an alleged breach of GAEC (Good Agricultural Environmental Conditions). These are the conditions farmers claiming agricultural support payments must comply with, and which are designed to safeguard soils, habitats and landscape features on agricultural land. A breach of GAEC can lead to financial penalties being imposed on the farmer...

Breaking a contractual hierarchy of dispute resolution processes
Shepherd and Wedderburn LLP, January 2022

The Court of Session has considered whether court proceedings can be raised to interrupt time bar, despite a contractual provision requiring adjudication before litigation.   The issue Construction contracts often provide a hierarchy of dispute resolution processes. Before a party is permitted to litigate (or arbitrate), it is often required to attempt to resolve the dispute through another method (or methods) of dispute resolution...

The uneasy relationship between adjudication and insolvency
Shepherd and Wedderburn LLP, January 2022

The recent case of John Doyle Construction (JDC) v Erith Contractors Limited provides two lessons for the construction sector concerning the enforcement of adjudicators’ decisions by companies in liquidation. First, “clear, evidenced, and unequivocal security” is necessary before enforcement is possible. Second, where a solvent and paying party asserts set-off and counter-claims, enforcement is prohibited in most circumstances...

How long do you have to make a claim in a contentious executry matter?
Shepherd and Wedderburn LLP, January 2022

Certain claims in contentious executry matters, such as challenging a will, must be made within a specific time period. Where a dispute arises, seeking legal advice about the relevant time period at the earliest opportunity is of fundamental importance.  In Scots law, the loss of a claim due to the passage of time is known as prescription and is presently governed by the Prescription and Limitation (Scotland) Act 1973...

Hamilton, Verstappen and the rule of law
Shepherd and Wedderburn LLP, January 2022

It makes for great entertainment if a competition comes down to the last few minutes. So a dramatic final race in Abu Dhabi should have been the finishing flourish for a Formula One season that has been one of the closest in years, with Sir Lewis Hamilton and Max Verstappen fighting it out for the championship. Instead, the last lap generated huge controversy after a decision by the Race Director to allow some cars to unlap themselves, and order the safety car in immediately...

Shearn Delamore & Co. Newsletter December 2021
Shearn Delamore & Co., January 2022

Employment Law An examination of the case ofTelekom Research andDevelopment Sdn Bhd v Ahmad Farid Bin Abdul Rahman by the Court of Appeal Introduction The Industrial Court had ruled that the company, Telekom Research and Development Sdn Bhd (“Telekom”), had proven the misconduct against a former employee, the claimant Ahmad Farid Bin Abdul Rahman (“Ahmad”), and that the dismissal was justified...

No Fault Divorce is Coming
Shoosmiths LLP, January 2022

No fault divorce is due to come into effect in England and Wales on 6 April 2022. From this date couples will be able to get divorced without one person needing to blame the other. This change will also apply to civil partnership dissolution. The Divorce, Dissolution and Separation Act 2020 will be the biggest reform of divorce law in fifty years and means that you’ll no longer have to make allegations about your partner’s conduct to obtain a divorce...

A Tale Of Two Cases: Lessons In No-Poach Litigation, Law360
Hunton Andrews Kurth LLP, January 2022

table border="0" width="780" cellspacing="2" cellpadding="0" tbody tr td https://www.huntonak.com/images/content/8/1/v2/81280/Law360-Lee.Hahm...

Maritime Industry Ready and Fit for 55 – vol. 3: Revision of the Energy Taxation Directive
Simonsen Vogt Wiig AS, January 2022

The Fit for 55-package To achieve EU’s Paris climate goals, the EU Commission presented in December 2019 the European Green Deal, including a commitment to reduce greenhouse gas emissions by at least 55% by 2030 (compared to 1990 levels) and become carbon neutral by 2050...

Latest Federal Court Cases, 1/3/22
Schwabe, Williamson & Wyatt, January 2022

Intel Corp. v. Qualcomm Inc., Appeal Nos. 2020-1828, -1867 (Fed. Cir. Dec. 28, 2021) The Federal Circuit issued two precedential decisions this week—both arising from IPRs filed by Intel against patents owned by Qualcomm. In our Case of the Week, we focus on the first of those cases. In our Also This Week section below, we cover the second case...

Year in Review 2021: Litigation and Arbitration
Simonsen Vogt Wiig AS, January 2022

First of all, we are proud of Jan Magne Langseth and Christian Reusch who assisted Bank Norwegian in a principle matter before the Supreme Court of Norway between Ikano Bank et al versus Bank Norwegian. The case concerned the use of competitor’s brands in key word advertising on Google...

Year in Review 2021: Shipping
Simonsen Vogt Wiig AS, December 2021

The transaction pace and volume of 2021 was the silver lining of the Covid-19 overcast, keeping our clients and us busy and productive. Particularly the container ship market has been steaming hot, with rapidly increasing prices and high transaction volume. The bulker market has also seen the highest prices for the last decade, with correspondingly high transaction volume...

As good as new? Rule 407 and subsequent policy modifications, Westlaw Today
Hunton Andrews Kurth LLP, December 2021

table border="0" width="780" cellspacing="2" cellpadding="0" tbody tr td https://www.huntonak.com/images/content/8/1/v2/81172/as-good-as-new-rule-407-and-subsequent-policy-modifications...

I don’t live in England or Wales, but I’m getting divorced and my pension is there
Shoosmiths LLP, December 2021

There are numerous reasons why your pension might be in England and Wales while you are not.  Perhaps you lived and worked in England or Wales then moved abroad, or you live overseas and did a stint of employment here. Whatever the situation, the majority of English and Welsh pension administrators neither recognise nor implement pension orders made in foreign courts following divorce...

Scottish labour shortage – Where next for employers? Part 2
Shoosmiths LLP, December 2021

Part 1 of this insight focused some of the current immigration routes for consideration by Scottish employers to mitigate the Scottish labour shortage. Part 2 of this insight explores some of the new routes expected to be opened up by Spring 2022. Innovation visas Global Business Mobility Route In spring 2022, the Home office is due to launch the new Global Business Mobility route...

OIG Report Highlights Focus on Fraud with Genetic Tests
Dinsmore & Shohl LLP, December 2021

On Dec. 21, 2021, the Office of Inspector General (OIG) released a Health & Human Services (HHS) OIG Data Brief on genetic tests provided under Medicare Part B. The goal of the OIG in reviewing this data was “to analyze nationwide trends in genetic tests provided and payments made under Medicare Part B.”[1] As a result of this analysis, the OIG determined that there is a significant risk of overuse and misuse of genetic testing...

Attacks on Contract’s Validity are Likely Insufficient to Overcome the Binding Effect of the Contract’s Arbitration Provision
Bradley Arant Boult Cummings LLP, December 2021

A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not defeat the Federal Arbitration Act’s (FAA) deference to arbitration as the forum for determining whether a contract is valid and enforceable. In Jhun v. Imagine Castle, LLC, the Jhuns hired defendant Imagine Castle to perform remodeling work at their home...

North Carolina Muddies the Water on the Economic Loss Doctrine
Bradley Arant Boult Cummings LLP, December 2021

A pair of recent rulings involving the economic loss doctrine from North Carolina serve as a timely reminder to carefully consider the extent of contractual remedies in negotiation of construction agreements – lest a later breach of contract remedy prove insufficient, and further recovery barred by the economic loss doctrine...

The Supreme Court rejects the appeal in favor of Bank Norwegian
Simonsen Vogt Wiig AS, December 2021

The case concerned the use of competitor’s brands in key word advertising on Google. Ikano Bank and two banks in the consumer loan market demanded that Bank Norwegian’s advertising on the Internet using the banks’ characteristics as paid keywords should be prohibited pursuant to the general clause of the Marketing Act. The principle character of the case was demonstrated by the support from Virke, The Federation of Norwegian Enterprise, in favor of the three claimants...

New clarification on lawyers’ notes from shipboard investigations? Not really.
Simonsen Vogt Wiig AS, December 2021

The court of appeal’s decision has been referred to by several law firms as an important clarification that such internal notes are indeed encompassed by privilege and not disclosable. We do of course agree that maintaining trust in the attorney-client privilege is important, but in this context, it was hardly a point that needed clarification...

Tis the season… to talk about pre-nups
Shoosmiths LLP, December 2021

With just seven days left until Christmas Day, there’s no denying we are well in the midst of the festive build up. But, for those holding out for a special ‘I Do’ surprise this year, Christmas might just come a bit earlier than expected.  Predictions made previously by Bridebook [1] show that the weekend before Christmas is when most intending spouses do, in fact, pop the question...

Are Personal Injury Damages Protected in the Event of Divorce?
Shoosmiths LLP, December 2021

It may seem logical that personal injury damages awarded for someone’s on-going medical needs following a serious injury would be ring-fenced on a divorce. Unfortunately, this is not necessarily the case. The leading authority on this point is Wagstaff v Wagstaff from 1992 in which, when referencing an attempt to ring-fence damages on divorce, it was stated that “the capital is not sacrosanct nor any part of it secured against the application of the other spouse”...

DOJ to Focus on Criminal Environmental Prosecutions
Dykema, December 2021

The U.S. Department of Justice (“DOJ”) recently signaled its intent to prioritize prosecuting individuals who commit corporate environmental crimes...

Can an Idea, Style or Method Be Protected Under the Copyright Act?
Lavery Lawyers, December 2021

Ahead of the 2021 holiday season, as children dream about the toys that Santa Claus will bring them, let?s take a look back at a landmark decision that reviews what is copyrightable under the Copyright Act...

 

 

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

HOME | SITE MAP | GLANCE | PRIVACY POLICY | DISCLAIMER |  © World Services Group, 2022