Fine wine and classic cars don’t necessarily make vintage investments

Chris Cole at Towry advises on financial planning.

Knowing where to invest your money can be a challenge, especially if you don’t have the time to be on top of what’s happening in the financial markets. It can therefore be tempting to invest your savings in areas
where you have a keen interest, in things like wine, art, classic cars or even violins as I heard recently.

However, while mixing hobbies and investment together may seem like a good idea, it can actually involve quite a lot of risk and may not help you achieve your long-term financial goals. Continue reading “Fine wine and classic cars don’t necessarily make vintage investments”

News in brief – November 2015

SLAUGHTER AND MAY WIPES £600M OFF BA SUIT

Litigators at Slaughter and May have successfully struck out around £600m from a claim against client British Airways. The airline is one of several airlines facing a cartel damages action from flower importer Emerald Supplies and 564 other shippers. In October the Court of Appeal disagreed with Justice Peter Smith’s decision to adjourn a strike-out application against the economic tort claims and reduced the £1bn claim to £400m.


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Economic recovery will not lead to decline in the disputes sector

We are delighted to sponsor the Disputes Yearbook, which now forms a central part of Legal Business’ wide-ranging and insightful disputes coverage.

There is no doubt that litigation continues to be a dynamic and rapidly developing sector of the legal market. Although there is a possibility that the improving economic climate will have a negative impact on a sector that is, to some degree, counter-cyclical, it is the rise in regulation and enforcement, and the rise in international arbitration, which show no signs of slowing and continue to drive the market.

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Legal privilege: the ripples flow on still from Three Rivers

Colin Passmore assesses a key ruling in the increasingly contentious area of legal privilege.

In June this year, the Hong Kong Court of Appeal held that the English Court of Appeal decision in Three Rivers (No.5) [2003] does not represent Hong Kong law. This is, of course, the 2003 English Court of Appeal decision well-known for the challenges it presents companies who wish consultations with their legal advisers to benefit from the protection of legal advice privilege.

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Latham & Watkins: Masterminding a fraud claim – the English courts as a magnet forum?

Simon Bushell

London chair of litigation, Latham & Watkins

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The world is an increasingly small place: money travels far and fast across seemingly invisible borders converting from cash into assets, back into cash, and then back into yet further assets at the click of a button.

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CMS: Crowdfunding litigation – power to the people?

Tim Hardy

Partner, CMS

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David Bridge

Senior associate, CMS

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When the people of France gave the Statue of Liberty to the US in 1886, they left it to the people of the US to fund the acquisition of a site and build the pedestal. Fundraising proved difficult until the publisher of the New York World started a campaign that attracted over 120,000 donations, most of which were less than a dollar.

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Harneys: British Virgin Islands positioned to become an international arbitration centre

Phillip Kite

Global head of litigation and insolvency, Harneys

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The British Virgin Islands’ (BVI) Arbitration Act 2013 came into force on 1 October 2014. It is a landmark piece of legislation which is expected to propel alternative dispute resolution in the BVI into high gear. The BVI is now well-positioned to become a leading jurisdiction for international arbitration. The Act incorporates these main features:

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Quinn Emanuel Urquhart & Sullivan: Party-appointed arbitrators, impartiality and a perceived need for change

Anthony Sinclair

Partner, Quinn Emanuel Urquhart & Sullivan

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It is an old adage that the quality of any arbitration as a method of dispute resolution is only as good as the arbitrators themselves. The lack of substantial scrutiny over the arbitrators’ decision rests on the assumption that the parties wish to avoid any extensive review of the arbitral award by the courts at the seat of the arbitration (or indeed anywhere else).

Continue reading “Quinn Emanuel Urquhart & Sullivan: Party-appointed arbitrators, impartiality and a perceived need for change”

Signature Litigation: Legal privilege: far from resolved

Abdulali Jiwaji

Partner, Signature Litigation

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Daniel Hayward-Hughes

Associate, Signature Litigation

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The right of clients to preserve the confidentiality in advice provided by their lawyer is fundamental to English common law. Other common law jurisdictions such as Australia, New Zealand, Singapore and Hong Kong have all gone one step further than England by entrenching legal advice privilege and protection from disclosure into statute. Legal advice privilege applies to confidential communications between a lawyer and client for the purpose of seeking or obtaining legal advice. Problems can arise though when it is unclear who the instructing client is and whether the lawyer is actually a ‘lawyer’ for the purposes of the common law test for privilege.

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Signature Litigation: Policing arbitration – can accountability deficit be addressed?

Natalia Chumak

Partner, Signature Litigation

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Nick Storrs

Senior associate, Signature Litigation

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Over recent decades, arbitration for dispute resolution has become increasingly popular. Commercial parties are becoming far more amenable to resolving their differences by private means rather than through national court systems, which can be more costly and time-intensive. There is, of course, nothing wrong in engaging in a private, consensual process and there are numerous advantages of doing so. But the framework within which such disputes are resolved must be unimpeachably robust in order to meet the objective in any dispute resolution process: to do justice between the parties in accordance with the law. Accordingly parties’ autonomous right to submit disputes to arbitration needs to be structured within a legislative framework which governs and regulates the arbitral process. This is in part to:

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Travers Smith: CPR 36: time for a re-boot?

Jan-Jaap Baer

Partner, Travers Smith

Emma Reynolds

Associate, Travers Smith

In April this year, CPR 36 underwent the latest in a series of amendments. These amendments did not amount to a root-and-branch overhaul of the regime but rather to a reorganisation and codification of existing principles, largely designed to address issues which have been thrown up by recent court decisions. The changes were generally welcomed as providing a greater degree of clarity for litigants when navigating their way through what remain complex and densely drafted rules. However, there remains a question as to whether a more radical overhaul of the rules is desirable.

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