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Squire Patton Boggs | United Kingdom | 18 Jul 2017

Staying in tune with whistleblowing law - just what is “the public interest”?

Back in 2015 we reported on the Employment Appeal Tribunal’s decision in Chestertons, a ruling which struck fear into the hearts of employers


McCabe Curwood | Australia | 28 Jun 2017

The “unambiguous impropriety” exception to without prejudice privilege

It is well established that what is commonly referred to as "without prejudice" privilege is not limited to protecting offers of settlement per se


Squire Patton Boggs | United Kingdom, European Union | 20 Mar 2017

They think it’s all over for holiday pay disputes - is it now?

Two weeks ago, the Supreme Court refused British Gas consent to appeal the Lock holiday pay case any further, finally putting an end to the five year


Charles Russell Speechlys LLP | United Kingdom | 18 Jan 2017

The Magic of Tags

Tags “without prejudice” and “subject to contract”, when correctly used, provide powerful protection against unintended consequences. However, they


Herbert Smith Freehills LLP | United Kingdom, European Union, Ireland | 14 Dec 2016

A litigator’s yearbook: 2016 (England and Wales)

2016 has been an eventful year on any measure. While it may not be remembered principally for developments relating to commercial litigation, there


McCarthy Tétrault LLP | Canada | 29 Aug 2016

Is There a Duty to Renegotiate Contracts in Cases of Hardship?

In Churchill Falls (Labrador) Corporation Ltd c Hydro-Québec, 2016 QCCA 1229 (English translation here), the Quebec Court of Appeal seemed to


Al Tamimi & Company | United Arab Emirates | 24 Aug 2016

Dubai Courts recall UK’s accession to NY Convention but forgets reservations

Earlier this year the Dubai Court of Appeal shocked the local and international legal community by refusing to enforce an English arbitral award on


Osler Hoskin & Harcourt LLP | Canada | 11 Aug 2016

‘No Litigation Should Be Extortionate’: Disqualifying Representative Plaintiffs

A business subject to a class action receives a “without prejudice” letter from a potential class member offering to settle a small personal claim


Stewart McKelvey | Canada | 11 Aug 2016

Restart the Clock!: Confirmation and resetting limitation periods in Tuck v. Supreme Holdings, 2016 NLCA 40

Limitation periods serve a critical function in the civil justice system. They promote the timely resolution of litigation on the basis of reliable


Hogan Lovells | United Kingdom | 1 Aug 2016

No signature, No problem

In Reveille Independent LLC v Anotech International UK Ltd (2016), the Court of Appeal found a written agreement to be binding despite the lack of a

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