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Contact With Witnesses Giving Their Evidence

Solicitors can often be placed in a dilemma when their client is giving evidence in the witness box, as the hearing day draws to a close or amid giving evidence. Notwithstanding the Judge’s inevitable warning to the client, telling them that they cannot discuss their evidence with anybody overnight, the client is often has a burning desire to discuss the case with you.

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Some Internal Settlement Discussions Not Covered By Litigation Privilege

In WH Holding Limited and West Ham United Football Club Limited (together, “West Ham”) v E20 Stadium Limited (“E20”) [2018] EWHC 2784 (Ch), the Court of Appeal considered the question of whether six emails passing between the Board Members of E20, created with the dominant purpose of discussing a commercial settlement of a dispute when litigation with West Ham was in contemplation, were covered by litigation privilege and therefore whether E20 were entitled to inspect those emails.

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Nicholas Woolf summarises a Brexit panel event jointly hosted by Nicholas Woolf & Co and Newington Communications

Yesterday I sat on a panel with Beth Rigby, deputy political editor for Sky News, Stewart Jackson, former special adviser and chief of staff to David Davis and Chris White of Newington Communications, who chaired a discussion with an invited audience on the prospects of the current Brexit negotiations and their possible political consequences. At the end of the meeting, the general consensus appeared to be that Mrs May, who was said to be fairly private about the real progress made in the negotiations, was unlikely to remain as Prime Minister much beyond 29th March 2019, although she may try and hang on; there being no clear and popular successor.

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Nicholas Woolf & Co has published the first edition of its new magazine, containing articles written by members of the firm on important contemporary legal matters.

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A bankruptcy order set aside for want of purpose

To many, the decision of HHJ Hodge QC in Lock v Aylesbury Vale District Council [2018] EWHC 2015 (Ch) may seem a little strange. In that case, the Council had presented a bankruptcy petition on Ms Lock in respect of £8,067-odd unpaid council tax. At first instance, the District Judge made a bankruptcy order, which was appealed by Ms Lock on the basis that she had absolutely no assets to satisfy any liability in bankruptcy. This, she said, meant that a bankruptcy order would serve no useful purpose and would not benefit the Council.

The Judge on appeal agreed with Ms Lock, and the bankruptcy order was set aside.

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The final cry of the litigant relying on offended conscience

There can often be a disconnect between the way in which certain terms are used in everyday life, and the way in which they are used in a legal context. This means that people may believe that they are protected in certain circumstances in any event, and therefore it does not matter if they are not expressly provided for in the contract. It comes as an unpleasant shock to subsequently find out that, although it may seem unfair, there is no legal remedy available.

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It’s Not My Fault – Allocate Risks Or Gamble With Litigation


The case of Tullow Ghana Limited v Seadrill Ghana Operations Limited [2018] EWHC 1640 (Comm) highlights the difficulties that a person may face if they do not comprehensively allocate foreseeable risks in their contracts.

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Out Of Time – The Race Begins, But You Aren’t In It

It is often tempting to bury your head in the sand with the prospect of Court proceedings. If you receive a letter from another person claiming money from you, it is easy to ignore it; particularly if the claim appears hugely overstated, or (in your opinion) destined to failure. Even when matters progress and formal Court proceedings issued, many people fail to take the required initial steps to deal with the claim; being filing and serving an Acknowledgement of Service and/or a Defence. This is what happened in the recent TCC case of McDonald and McDonald v D&F Contracts Limited [2018] EWHC 1600 (“McDonald”).

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