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Your search for ‘Olswang’ returned 3,240 results

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  • Article

    Insurance: Enforceability Of Insurance Policy Arbitration Clauses To Peripheral Disputes

    In a recent decision, the Court of Appeal concluded that claims which are peripheral to an insurance policy containing an arbitration clause are not subject to that arbitration clause.
    United KingdomInsurance
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Insurance: Misrepresentation on Renewal

    In a recent case, the court held that a misrepresentation made during the policy period was implicitly repeated during the renewal process four months later.
    United KingdomInsurance
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
Article

Insurance - Reminder Of Principles Governing Construction Of Policies

In a judgment handed down just before Christmas, the Court of Appeal reiterated some common principles of construction of contracts...
United KingdomInsurance
CMS Cameron McKenna Nabarro Olswang
CMS Cameron McKenna Nabarro Olswang
  • Article

    Reinstatement Under Physical Damage Policy: Implications For Insurers

    Under the fire coverage provisions of a buildings insurance policy an insurer is likely to have the right to reinstate instead of paying a money indemnity.
    United KingdomInsurance
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Outline Of The National Intellectual Property Strategy

    The State Council published the Outline of the National Intellectual Property Strategy on June 5, 2008.
    United KingdomIntellectual Property
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Transfer Pricing Bulletin - Life After DSG?

    Over the past few months CMS has increasingly seen tax authorities in the UK, US and across Europe dissecting internal legal agreements and questioning apparently watertight attribution of risks and functions in the pricing models of group transactions.
    United KingdomIntellectual Property
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Adjudication: Finding Deeper Pockets In Tough Times

    The selling point of adjudication is its speed and cost effectiveness. If you're owed money, but the debtor won't pay up, you can adjudicate and may well obtain a decision saying that the debtor owes you £X.
    United KingdomLitigation, Mediation & Arbitration
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Adjudication: How Detailed Must A Claim Be?

    Payment disputes often arise in the construction industry where claims are made with little or no supporting detail.
    United KingdomLitigation, Mediation & Arbitration
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Arbitration In The UK: Different Jurisdiction, Different Laws

    Party autonomy rules in commercial arbitration. This means that parties can agree where they arbitrate, and which rules and laws govern the arbitration.
    United KingdomLitigation, Mediation & Arbitration
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Challenging Adjudicators’ Decisions On Natural Justice Grounds

    The fact that an adjudicator makes an error in reaching his decision does not usually render the decision unenforceable. Orthodox thinking is that if an adjudicator gets it wrong, the result can be changed in “final” proceedings.
    United KingdomLitigation, Mediation & Arbitration
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Court Of Appeal Refuses Summary Enforcement Of Adjudicator´s Decision

    There are exceptional cases where adjudicators’ decisions are not readily enforced by the courts. These include where it is appears that the wrong body appointed the adjudicator, or the adjudicator decided a dispute under the wrong construction contract.
    United KingdomLitigation, Mediation & Arbitration
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Court Of Appeal Reviews LADs Provisions In JCT Contract

    The JCT standard form of contract provides a specific contractual mechanism for deduction of Liquidated and Ascertained Damages ("LADs") by the employer in certain circumstances if the construction project is not completed on time (as do many other standard form construction contracts, although the procedure in the JCT is more complicated than most).
    United KingdomLitigation, Mediation & Arbitration
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Database rights – recent judgment from the Court of Appeal

    On 13 July 2005 the Court of Appeal gave its judgment in British Horseracing Board v William Hill Organisation Ltd, the first substantive case concerning database rights in the UK.
    United KingdomLitigation, Mediation & Arbitration
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Decision On The Damages (Asbestos-Related Conditions) (Scotland) Act 2009

    The Damages (Asbestos-related Conditions) (Scotland) Act 2009 (" 2009 Act") came into force on 17 June 2009 in response to the October 2007 House of Lords decision in Rothwell v Chemical Insulating Co Limited.
    United KingdomLitigation, Mediation & Arbitration
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Early Negotiations Aimed To Prevent Litigation Are Without Prejudice

    The Court of Appeal has recently confirmed that early negotiations prior to the commencement of litigation can be protected by ‘without prejudice’ privilege.
    United KingdomLitigation, Mediation & Arbitration
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    First Corporate Manslaughter Case Adjourned Until September

    The first prosecution under the Corporate Manslaughter Act 2007 ("the 2007 Act") has been adjourned until September.
    United KingdomLitigation, Mediation & Arbitration
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    First Corporate Manslaughter Case To Begin 26 February 2010

    The first prosecution under the Corporate Manslaughter Act 2007 ("the 2007 Act") will begin Friday 26 February 2010. Cotswolds Geotechnical Holdings Limited ("Cotswolds") has been charged under the 2007 Act for the death of Alexander Wright, a 27 year old geologist.
    United KingdomLitigation, Mediation & Arbitration
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    High Court ruling on the waste duty of care

    The High Court recently handed down a judgment that provides important clarification on the duty of care as respects waste. The judgment is of particular note for businesses dependent on waste collections from public land and highways, for example those operating on a high street.
    United KingdomLitigation, Mediation & Arbitration
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    "No Win, No Fee", No More?

    The United Kingdom will change how solicitors are paid in "no-win no-fee" court cases to stop spiralling costs from harming the legal system, Justice Secretary Kenneth Clarke announced on Tuesday.
    United KingdomLitigation, Mediation & Arbitration
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
  • Article

    Scope of Section 72 of the Arbitration Act 1996

    On 11 October 2010 in Broda Agro Trade (Cyprus) Limited v Alfred C. Toepfer International GmbH the Court of Appeal gave a judgment interpreting section 72 of the Arbitration Act 1996 (the "Act").
    United KingdomLitigation, Mediation & Arbitration
    CMS Cameron McKenna Nabarro Olswang
    CMS Cameron McKenna Nabarro Olswang
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