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In particular, to what extent can you as a director call upon it as a resource to fund the legal costs associated with your personal representation in circumstances where your position and that of the company on whose board you serve may be in conflict?

Court demonstrates support for arbitration in holding that arbitration agreements in a commercial context are to be liberally construed.

Personal injury and general damages table

Section 20(5) of the Marine Insurance Act 1906 provides that a representation as to a matter of ‘expectation or belief’ is true if made in good faith. It is often argued that a valuation, by its very nature, must always fall within this categorisation. Consequently, it is further argued that underwriters may not rely on an inaccurate valuation for the purposes of avoidance whenever it is made in good faith.

In stark contrast to the decision by the UK Supreme Court last year not to enforce a French arbitration award granted against the Government of Pakistan, the French Court of Appeal recently ruled in favour of enforcing it.

This case constitutes a rare refusal by the English courts to enforce an international arbitration award and confirms that the English courts will consider afresh the validity of the arbitration agreement at the point of enforcement.

The anti-suit injunction may be all but dead in the EU following the European Court of Justice's decision in West Tankers (C185/07), but parties may be reassured by this decision which confirms that it is still at least available as a remedy to prevent parties from commencing proceedings in non-EU states.

The law and regulation affecting businesses in the UK continue rapidly to develop and present companies with opportunities and challenges.

Acceptance of FA rules submitting disputes to arbitration constitutes a waiver of rights under Article 6 of the European Convention of Human Rights

In Autumn 2001 we devoted an edition of this Review to a detailed examination of the then recently published final proposals of the Company Law Reform (‘CLR’) steering group. At the time of the CLR proposals, no one imagined that it would then take another four and a half years for a new Companies Bill to be introduced into Parliament. Along the way, much has happened to alter the liability landscape for directors and therefore the precise shape of these further reforms.

The Marine, Energy and Trade team publish a regular newsletter, the Marine, Energy and Trade notes, in which recent legal developments are reviewed: new case law, changing legislation, and new areas of potential liability.

Section 45 of the Arbitration Act 1996 provides the court with a discretionary power to determine questions of law. The court can, therefore, refuse an application if it is not persuaded that it should make a determination at that stage.

On 22 March 2011, the National Energy Regulator of South Africa (NERSA) published a consultation paper which proposes a material decrease in the level of renewable energy feed-in tariffs (REFITs) when compared with those approved and promulgated in 2009.

Can a nightclub owe a duty of care to its guests to protect them from other potentially violent revellers? By an interesting analogy, Lady Justice Smith has said yes.