ArticleMortgage Fraud RevisitedMany professionals will recall the boom property market of the mid-to-late 1980s and the consequent aggressive lending policies of banks and building societies. United KingdomLitigation, Mediation & ArbitrationBarlow Lyde & Gilbert LLP
ArticleBe Wary Of GuaranteesIn the current market, investment landlords will be doing all they can to ensure that potential tenants have full and sufficient covenant strength, as well as vetting proposed assignees and sub-tenants. We are likely to see heads of terms containing belts, braces and more.United KingdomReal Estate and ConstructionBarlow Lyde & Gilbert LLP
ArticleAsia-Pacific Aerospace Briefing - Recent Legislative Changes in Hong KongLegislative changes in Hong Kong SAR will shortly see the former colony adopt the Montreal Convention 1999, bringing it into line with the PRC and Macau SAR.United KingdomTransportBarlow Lyde & Gilbert LLP
ArticleConstruction Of Insurance Warranties - A Search For Meaning Is Not Always EasyMarine insurance warranties are terms of an insurance contract by which the insured undertakes that some particular thing shall or shall not be done, or that some condition shall be fulfilled, or whereby the existence of a particular state of facts is affirmed or denied.United KingdomTransportBarlow Lyde & Gilbert LLP
ArticleClimate Change: How Will Insurers Be Affected?The Third Assessment Report of the UN Intergovernmental Panel on Climate Change (2001) confirms the broad scientific consensus that climate change is already occurring and will continue. The balance of evidence suggests that the cause is the increasing concentration of greenhouse gas in the atmosphere resulting from the burning of fossil fuels.United KingdomInsuranceBarlow Lyde & Gilbert LLP
ArticlePreclusion under UCP600 - Banks Beware!In what we believe to be one of the first reported judgments of the English High Court on the application of UCP600, it was held earlier this year in a dispute between Fortis Bank ("Fortis") and Indian Overseas Bank ("IOB")1 that the preclusion provided for by Article 16(f) of UCP6002 will apply to the conduct of an issuing bank even after it has issued a notice rejecting documents presented under a documentary credit.United KingdomCorporate/Commercial LawBarlow Lyde & Gilbert LLP
ArticleElectronic Disclosure – Data, Data, EverywhereDesktop computers, laptops, personal digital assistants, mobile phones…these are just a few of the many sources of electronic data which are common place in today’s technologically advanced world. In this article we consider the impact that electronically generated data is having on disclosure in the course of commercial litigation, we review a party’s obligations and opportunities under the Civil Procedure RuleUnited KingdomMedia, Telecoms, IT, EntertainmentBarlow Lyde & Gilbert LLP
ArticleAbacus Trust – Counting The CostUnited KingdomLitigation, Mediation & ArbitrationBarlow Lyde & Gilbert LLP
ArticleFrolic Of Their Own? A Firm's Responsibility For Solicitors’ ActionsThe High Court’s decision in Nayyar & Others v Denton Wilde Sapte & Another was handed down last month. United KingdomLitigation, Mediation & ArbitrationBarlow Lyde & Gilbert LLP
ArticleRecessionary Claims - Crunch Time For Lawyers?Recent media stories suggest that the current recession will trigger a huge increase in disputes, including claims against lawyers. This article explores the likely exposures and some risk management solutions.United KingdomLitigation, Mediation & ArbitrationBarlow Lyde & Gilbert LLP
ArticleDevelopments In State Aid In European AviationA review of developments relating to state aid in the aviation sector in Europe.United KingdomTransportBarlow Lyde & Gilbert LLP
ArticleCorporate Manslaughter: A Brief Summary Of The New OffenceThe Corporate Manslaughter and Corporate Homicide Act received Royal Assent on 26 July 2007. It is expected to come into force on 6 April 2008. United KingdomCriminal LawBarlow Lyde & Gilbert LLP
ArticleA New Liability Regime For Corporate ReportingNow that the Companies Act has received Royal Assent, we look afresh at the corporate reporting requirements for listed companies and consider to what extent these new requirements give effect to the EU legislation which lies behind many of them. We also consider the vulnerability of directors to cross border claims against directors of UK companies.United KingdomCorporate/Commercial LawBarlow Lyde & Gilbert LLP
ArticleSocial Service Claims - A Handy GuideYou probably have all manner of discount and loyalty cards in your wallet or purse. Here is another sheet to put with themUnited KingdomGovernment, Public SectorBarlow Lyde & Gilbert LLP
ArticleSocial Service Claims After Pierce v Doncaster MBC, Court Of Appeal, December 2008Considerable publicity has been generated by this case, including a headline piece in The Times headed "300 victims of abuse to sue councils for neglect", after this allegedly landmark ruling "established for the first time that local authorities are liable for abuse suffered by children if they fail to remove them from harm".United KingdomGovernment, Public SectorBarlow Lyde & Gilbert LLP
ArticleWarranties And Conditions Precedent - Take CareIn this article, we provide a summary of points to have in mind when drafting warranties and conditions precedent.United KingdomInsuranceBarlow Lyde & Gilbert LLP
ArticleThe British ´Erin Brockovich´A "toxic tort" action is a special type of personal injury claim in which the claimant alleges that exposure to a toxic substance has led to some form of harm or disease.United KingdomLitigation, Mediation & ArbitrationBarlow Lyde & Gilbert LLP
ArticleThree Rivers: Further Narrowing of Legal Advice Privilege ConfirmedIn its judgement of 1 March 2004, the Court of Appeal has (confirming last November’s High Court ruling on this issue) further narrowed the scope of legal advice privilegeUnited KingdomLitigation, Mediation & ArbitrationBarlow Lyde & Gilbert LLP
ArticleAviation Insurance: New War ClausesIn early August 2006, the Aviation Insurance Clauses Group (of which BLG’s Nick Hughes is a member) published a suite of new aviation liability clauses and one aviation hull clause which are noteworthy not only for the importance of the subject matter but also for the process by which they were drafted.United KingdomTransportBarlow Lyde & Gilbert LLP
ArticleThree Steps To Limiting LiabilityUnited KingdomLitigation, Mediation & ArbitrationBarlow Lyde & Gilbert LLP