ArticleHot Drinks and Consumer Protection – Bogle & Others v McDonalds Restaurants Ltd [2002]United KingdomConsumer ProtectionBarlow Lyde & Gilbert LLP
ArticleAirport Service Providers Beware – The Changing Ground Handling RegimeIATA have produced their 2004 Standard ground Handling Agreement to replace the 2003 Edition and work is already underway to introduce a new edition in 2007/8. We report on the significant changes to Article 8 (liability and indemnity) since 1996.United KingdomCorporate/Commercial LawBarlow Lyde & Gilbert LLP
ArticleSet-Off Right Applied In Separate Financial TransactionsThis case addressed, amongst other things, the question of whether a right of set-off in respect of sums owed under an ISDA agreement could be exercised against sums due under an unrelated letter of credit.United KingdomCorporate/Commercial LawBarlow Lyde & Gilbert LLP
ArticleUK Directors in the US DockThe Extradition Act 2003 was introduced primarily as a counter-terrorism measure. That said, in respect of more than 40 applications for extradition that have been made since the Act came into force, over half relate to white collar crime.United KingdomCorporate/Commercial LawBarlow Lyde & Gilbert LLP
ArticleCourt Rejects Back-Door Rectification - Smithson & Ors V Hamilton (2007)The High Court has rejected an application from the trustees and participating employers of the Siemens Fire Safety and Security (PFP) Pension Scheme ("the Scheme") for relief under the Rule in Hastings-Bass to set aside a scheme rule which afforded certain deferred scheme members unintentionally over-generous benefits. United KingdomEmployment and HRBarlow Lyde & Gilbert LLP
ArticleThe End of ‘Without Prejudice’ Discussions?Employers will often have "without prejudice" conversations with employees in the context of ‘managing out’ an employee where no dispute between the employee and the employer has actually arisen. However, such conversations are technically admissible in proceedings.United KingdomEmployment and HRBarlow Lyde & Gilbert LLP
ArticleImplementation Of The Environmental Liability DirectiveThe 30 April 2007 deadline for the transposition of the ELD has long since passed and no implementing regulations are in place. What is happening?United KingdomEnvironmentBarlow Lyde & Gilbert LLP
ArticleA Step Forward For Jackson Costs ReformsThe dramatic reforms proposed by Lord Justice Jackson in his review of civil litigation costs, published nearly a year ago, are a step closer to implementation following the publication of the Ministry of Justice's Consultation Paper on the Proposals for Reform of Civil Litigation Funding and Costs on 15 November 2010.United KingdomGovernment, Public SectorBarlow Lyde & Gilbert LLP
ArticleBLG Local Authority Newsletter - A Cautionary Tale For ChildrenGabbott v Bicester Town Council serves as a timely reminder that the reasonableness of any system of inspection of an area to which the public has access by the occupying local authority should be judged against the degree of risk of injury involved. United KingdomGovernment, Public SectorBarlow Lyde & Gilbert LLP
ArticleInsolvency Act 2000 – A Further Erosion of Creditors’ Rights?United KingdomInsolvency/Bankruptcy/Re-StructuringBarlow Lyde & Gilbert LLP
ArticleArchitect’s Responsibility For Latent DefectsPearson concerned a warehouse constructed in the late 1980s with a siphonic drainage system which, as it subsequently transpired, had been designed with an inadequately low capacity. As a result, the valley gutters to the warehouse overflowed during heavy rain in 2002, and the claimant suffered in excess of £2 million of damage to its stock of educational books.United KingdomInsuranceBarlow Lyde & Gilbert LLP
ArticleNatural Catastrophes - The Causation ConundrumWhen a disaster strikes, the insurance industry is expected to respond quickly and decisively. Unfortunately, the factual chaos which often results is frequently accompanied by coverage issues.United KingdomInsuranceBarlow Lyde & Gilbert LLP
ArticleUK Mesothelioma Claims and ReinsurersMesothelioma is a latent injury caused by exposure to asbestos dust and it is difficult on the present state of medical knowledge to pinpoint when precisely it is contracted.United KingdomInsuranceBarlow Lyde & Gilbert LLP
ArticleWhat Challenges Lie In Store For The Reinsurance Market In 2010?Foreseeing the future direction of the market is never a simple exercise. In the current climate it is a genuine challenge. Nevertheless, a number of events and recent judicial developments can act as useful signposts. United KingdomInsuranceBarlow Lyde & Gilbert LLP
ArticleContributory Negligence – An Unsung Hero?When is and when is it not a good idea to argue contributory negligence?United KingdomLitigation, Mediation & ArbitrationBarlow Lyde & Gilbert LLP
ArticleLitigation Trends - July 2011Statistics for judicial and court activity in England and Wales have been published by the Ministry of Justice for the year 2010. The report, which was published on 8 July 2011, nearly three months earlier than previous years' reports, indicates a fall in the number of claims being brought across the board.United KingdomLitigation, Mediation & ArbitrationBarlow Lyde & Gilbert LLP
ArticleMuch Ado About Nothing?Although the incidence of LDPs is currently low, the likely impact of LDPs and implications for the legal profession are considered below.United KingdomLitigation, Mediation & ArbitrationBarlow Lyde & Gilbert LLP