Commercial Disputes – Tech
EL Trigger Judgment Restores Certainty for Businesses
Wednesday, March 28th, 2012
The Supreme Court has today (28 March 2012) handed down its long awaited judgment in the Employers’ Liability Trigger Litigation (EL Trigger Litigation). The litigation was brought to resolve the question of which employers’ liability insurance policy should respond to claims brought for the fatal disease of mesothelioma. The disease is nearly always caused by [...]
Posted in Commercial Disputes - Tech, News and Events, PR, Risk & Liability - Tech, Technical
New ICC Arbitration Rules – A Step in the Right Direction?
Tuesday, March 13th, 2012
In September 2011, the ICC Court published a revision of the ICC arbitration rules. Unless the parties agree otherwise, these rules automatically apply to all ICC arbitrations commenced after 1 January 2012 (save for the emergency arbitrator provisions in Article 29 – see below). A criticism that is sometimes directed at international arbitration generally, and [...]
Posted in Commercial Disputes - Tech, News and Events, Technical
Agency Law – Your Questions Answered
Tuesday, January 10th, 2012
This article originally appeared in the December 2011 edition of ‘Agentsnews’ the Journal of the Manufacturers Agents Association. In this article, Hill Hofstetter partner Larry Coltman addresses some of the current legal issues facing agents and principals. Question I met a new principal at a trade show five years ago at the NEC. I sell menswear and [...]
Posted in Commercial Disputes - Tech, News and Events, Technical
Causation Key to Failure in Recent Claims Against Banks
Friday, November 4th, 2011
Two recent cases arising from the 2008 credit crunch have highlighted the difficulties faced by investors in bringing claims against banks (or any adviser) for poor advice. In both cases the claimants managed to establish that the defendant banks had provided negligent or unsuitable advice. But in both cases, the claimants failed to establish causation [...]
Posted in Commercial Disputes - Tech, News and Events, Technical
Agency Law, Your Questions Answered
Monday, October 17th, 2011
Hill Hofstetter partner Larry Coltman addresses some of the current legal issues facing agents and principals. Click here to download the article.
Posted in Commercial Disputes - Tech, News and Events, PR, Technical
First Injunction Against an ISP to Block Copyright Infringing Website
Thursday, October 13th, 2011
In what is believed to be the first case of its kind the High Court has ordered British Telecommunications plc (BT) to block customer access to a website that allowed users to download pirated copies of films, computer games and music. Six well-known US film studios including 20th Century Fox (“the Studios”) applied for an [...]
Posted in Commercial Disputes - Tech, Corporate - Tech, News and Events, Technical
Bond or guarantee? It’s all in the words
Monday, September 5th, 2011
A recent Court of Appeal decision has again highlighted critical differences between guarantees and on demand performance bonds. The key question that had to be addressed in the case of Meritz Fire & Marine Insurance Co Ltd v Jan de Nul N.V. & another was where C provides an on demand performance bond to guarantee [...]
Posted in Commercial Disputes - Tech, News and Events, Technical
Agency Law – Your Questions Answered
Wednesday, August 31st, 2011
Hill Hofstetter partner Larry Coltman addresses some of the current legal issues facing agents and principals. Click here to download the article.
Posted in Commercial Disputes - Tech, News and Events, Technical
Extracting investments from funds: investors’ rights in the face of suspension
Friday, August 19th, 2011
With many funds currently struggling to address substantial losses in the face of the recent turmoil in global equity markets, the issue of investors’ rights to redeem their investments from funds is likely to come back under the spotlight. In particular, where an investor has already served a notice of redemption on a fund, what [...]
Posted in Commercial Disputes - Tech, News and Events
Internet Service Providers’ Liability for Defamation: All Change?
Friday, June 10th, 2011
The exponential growth of user generated content on the Internet has created an entirely new landscape for those seeking to manage reputational risk: the sheer capacity for unguarded comment, or just plain old vitriol, is on a completely different scale to the days when “the Media” encompassed no more than newspapers, magazines, books and a limited number of broadcasters.
One of the key problems in policing the problem – for both complainants and providers of Internet based services alike – is where does liability lie for a defamatory statement that appears on the Internet? Who may be sued?
Posted in Commercial Disputes - Tech, Corporate - Tech, News and Events, Technical
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In September 2011, the ICC Court published a revision of the ICC arbitration rules. Unless the parties agree otherwise, these Read more...