Articles & Publications
Joinder of non-parties to an arbitration, September 2018
Lexis Nexis seminar on Challenges to Arbitration Rulings, July 2018
Supreme Court delivers verdict on landmark ‘Brexit’ case
The Supreme Court delivered judgement in the case of R (Miller) v Secretary of State for Exiting the European Union  UKSC 5 on 24th January 2017. It ruled by a majority of 8:3
Interim reliefs in international arbitration, September 2017
Jane Lambert Contributes to Helen Tse’s book on Brexit
Jane Lambert has contributed to Helen Tse’s book on Brexit.
The Insolvency Rules: A 2017 update
The Insolvency Rules were updated on 1 April 2017. Salma Duncan outlines the key Changes.
Privilege and Internal Investigations in the wake of SFO v. Eurasian Natural Resources Corporation Limited  EWHC 1017 (QB)
Corporates facing internal white collar investigations left with much to consider following a landmark High Court privilege decision, writes Raoul Colvile.
Freezing Orders: A 2017 Update
Max Shephard provides a short guide to freezing orders and commentary on: (1) Injunctions and supported applications under the Insolvency Act 1986; (2) The dissipation of assets in notification injunctions following the
Court of Appeal decision on jurisdictional challenges: Apex Global Management Ltd v Global Torch Ltd  EWCA Civ 315
Vivienne Sedgley summarises the Court of Appeal’s guidance on challenging jurisdiction. In brief, they should be raised at the outset of proceedings and late challenges should be treated
Costs budgeting: SARPD Oil International Ltd v. Addax Energy SA  EWCA Civ 120 is overruled by the CPR
Changes made on 1 April 2017 suppress the effect of SARPD Oil International Ltd v. Addax Energy SA  EWCA Civ 120, writes Vivienne Sedgley.
4-5 Gray’s Inn Square – The General Election 2017
Retaining the 4-5 Gray’s Inn Square Election Team.
Jane Lambert – Court of Appeal upholds Birss J in Unwired Planet v Huawei
Please see below a link to Jane Lambert’s article regarding the recent Unwired Planet v Huawei judgement.
Just where does Mrs May’s Speech leave the Unified Patent Court?
In her Lancaster House speech of the 17 Jan 2017 (the transcript of which can be found on The Independent’s website) the Prime Minister acknowledged that “Britain might at times have
Rupert Beloff writes about Gender Verification in Sport
Rupert Beloff’s article entitled ‘Gender Verification, Hyperandrogenism and Athletics – A Moral Maze’ explores the history of gender verification in sport and recent developments. It is published in Sports Resolutions’
Satinder Hunjan QC contributes to LawInSport feature on Key sports law cases of 2016
A year like no other! Satinder undertakes some of the most complex and valuable sports injury, clinical negligence and personal injury cases that are litigated. Most of the cases which
Anti-Social media – By Athelstane Aamodt
Athelstane Aamodt examines the new CPS guidance on cases involving communications sent via social media. The law has long been concerned with what people can and cannot say publicly. As
IP After Brexit by Jane Lambert
A few days after the EU referendum, Lady Neville-Rolfe, the Minister for Intellectual Property, told the British group of the Union of European Practitioners in Intellectual Property in a speech
Drones: flightpath to the future?
Joseph Dalby SC and Ruhi Sethi-Smith examine the many legal issues that may flow from increased drone use. Drones are rapidly being seen as a feature of the near future,
Extradition from the UK to India by Karishma Vora
Introduction This is an article on cutting edge developments in extraditing Indian nationals who have fled to the UK in recent times. It demonstrates that the extradition process is not
Blowing in the wind – Athelstane Aamodt & Michael Paulin
There has been something of a frisson in the world of employment law with the judgment of the Employment Appeal Tribunal (EAT) in the case of Kilraine v London Borough
Rising Star of the Year 2016 winner: Karishma Vora
Environmental Barrister of the Year 2016: Timothy Straker QC
Non-domestic rate collection: never too late?
In the first of his three-part series on debt recovery, Marc Samuels revisits the circumstances in which local authorities can issue late demands for non-domestic business rates. National non-domestic rating
Does Panama furore distract from main issue?
Legal World News 15th April 2016 New Law Journal “Hyperbole” surrounding the Panama Papers disclosure may be obscuring the main issue of multinational corporations’ tax arrangements, financial regulation QC Phillip
Jane Lambert Speaks with Kluwer Patent Blog
European Union, Unitary Patent, United Kingdom, UPC ‘A Brexit will not necessarily delay the start of the Unitary Patent system’ Hopefully the United Kingdon won’t jeopardize the Unitary Patent
Article on Extraditing Indians out of UK, April 2016
Phillip Pattterson features in Insolvency Intelligence
Indefinite suspension of discharge from bankruptcy – a worrying trend?
Guide to development consent orders
Brian Hurwitz of the Sharpe Pritchard planning law team, and Phillip Pattterson of 4-5 Gray’s Inn Square, look at legal and procedural requirements for obtaining development consent orders (“DCOs”)
Patents – Infringement and Revocation: Glass and others v Freysinnet Ltd. By Jane Lambert
In Glass and Others v Freyssinet Ltd  EWHC 2972 (IPEC) the inventors of a treatment process for concrete sued Freysinnet Ltd. (“Freysinnet”) for infringement of their patent in the Intellectual Property
Defending your Domain Name in the UDRP. By Jane Lambert
Whenever you apply to register, or to renew the registration of, a generic top level domain name such as one ending in “.com”, “.org” or “.biz” you represent and warrant
4-5 Gray’s Inn Square becomes first chambers to adopt ‘CV-blind’ recruitment
The Lawyer – “4-5 Gray’s Inn Square has become the first chambers to adopt a CV-blind application system for all barristers and staff. The move, which launches today (9 November) means
The laws of comedy by Athelstane Aamodt
Copyright is no laughing matter for an aggrieved comic. Recently, Twitter has started to bow to complaints from users that others on the social network have been lifting jokes and
Richard Clayton QC contributes to ‘The UK and European Human Rights a Strained Relationship’
Hart Publishing have just published an important book on this topical and contentious issue edited by Katja Ziegler, Elizabeth Wicks and Loveday Hodson. Richard has written a chapter
False statements and election law
Aathelstane Aamodt looks at the issues where false statements are made about an election candidate. Defamation claims have have tended to be the preferred cause of action for people who
Court of Protection judge hands down key ruling on joining P as party
A Court of Protection judge has handed down the latest major judgment on whether P must be joined as a party to proceedings in deprivation of liberty cases where they
Insurance Act 2015 – A Guide for Insurers and Insured Parties
By Ruhi Sethi The Insurance Act 2015 received Royal Assent on 12 February 2015 and comes into force in full on 12 August 2016 after a transitional period of 18 months. The 2015 Act signifies the greatest
Intellectual Property and the Footwear and Textile Industries – by Jane Lambert
According to the East Midlands Textile Association (“Emtex”) the East Midlands has the highest concentration of clothing and textile companies in the UK. Nottingham lace, Leicester knitwear, Northampton shoes have
The costs of nuisance and the nuisance of costs – by Phillip Patterson
A divided Supreme Court in Coventry and others v Lawrence and another  UKSC 50 has finally brought to a conclusion a particularly sorry piece of litigation with a judgment which serves
Clear water emerges between Mitchell and Denton
by Phillip Patterson The recent judgment of the Court of Appeal in Michael Wilson & Partners Ltd v Sinclair  EWCA Civ 774 definitely confirms that Denton v TH White Ltd  1 W
Judicial Review of the Copyright Exceptions
by Jane Lambert Judicial Review of the Copyright Exceptions: British Academy of Songwriters, Composers and Authors and Others v Secretary of State for Business Innovation and Skills.
Redelivery requirements in repo transactions
Ruhi Sethi examines the recent Mercuria judgment that provides an endorsement for the structure of repo transactions as well as a reminder of the importance of cogent drafting of the
David Hughes – Equal marriage after the US decision
David Hughes writes for Gibraltar Chronicle.
Joseph Dalby discusses the privacy, data protection and ethical issues that arise with the use of drones by public and private sector bodies
Indian arbitration law: landmark judgments from 2014, authored by Karishma Vora
The article summarises India’s landmark judgments on arbitration law from 2014 and highlights leading judgments that influenced international commercial arbitration in India prior to 2014. It also analyses the Indian
Joseph Dalby & Ruhi Sethi explore the legal implications of increased drone use
Last week the House of Lords called for an EU-wide register of drone owners, or remotely piloted aircraft systems (which are part of the wider category of unmanned aerial systems
THERE IS NO ALTERNATIVE: THE SUPREME COURT CHANGES THE PRINCIPLES OF CONSULTATION
In October 2014 the Supreme Court gave a decision which could fundamentally alter how consultation exercises should be carried out in the future. Most cuts cases involve complaints about unlawful consultation.
The Emergence of the EU Charter of Fundamental Rights in UK Law
By Richard Clayton QC
Constructive trusts and commonwealth harmonisation
By Phillip Patterson Precedent, the Privy Council and Commonwealth harmonisation This article considers how a series of cases regarding the recovery of bribes and secret commissions has provided a
Homelessness and the meaning of “other violence” by Marc Samuels
A recent Court of Appeal decision has the potential to widen the scope of persons owed duties under the homelessness legislation. In Rehana Hussain v The London Borough of Waltham
Timothy Straker QC – Electoral Conference 2015
Timothy Straker QC delivers Election law talk at the Solace Election Conference 2015, a full copy of the talk can be downloaded below.
Is Infringement of a Foreign Patent akin to Highway Robbery?
Patents: Les Laboratoires Servier and another v Apotex Inc and others  UKSC 55,  3 WLR 1257,  WLR(D) 452,  BUS LR 1217, UK Supreme Court In Everet v. Williams (1893), 9 L.Q. Rev. 197, the highwayman John
Enforcing Intellectual Property Rights
A Concise Guide for Businesses, Innovative and Creative Individuals.
Richard Clayton QC
Clayton and Tomlinson The Law of Human Rights (3rd edn, Oxford University Press, in preparation) Clayton and Tomlinson (with Nick Bratza) The Law of the European Convention on Human Rights: