News / Resources

Please find all details of up and coming events, seminars, news, publications and articles from the members of 4-5 Gray's Inn Square.


Costs budgeting: SARPD Oil International Ltd v. Addax Energy SA [2016] 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 [2016] EWCA Civ 120, writes Vivienne Sedgley. Please click below for the article Costs Budgeting Article [caption id="attachment_1755" align="alignleft" width="150"] Vivienne Sedgley[/caption]


Court of Appeal decision on jurisdictional challenges: Apex Global Management Ltd v Global Torch Ltd [2017] 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 as applications for relief from sanction. Please click below for the summary Jurisdiction Article [caption id="attachment_1755" align="alignleft" width="150"] Vivienne Sedgley[/caption]  


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 case of Candy v. Holyoake [2017]; and (3) Whether injunctions can be used to cut across the Proceeds of Crime Act 2002 following the recent [...]


Privilege and Internal Investigations in the wake of SFO v. Eurasian Natural Resources Corporation Limited [2017] EWHC 1017 (QB)

Corporates facing internal white collar investigations left with much to consider following a landmark High Court privilege decision, writes Raoul Colvile. Please click the below  Privilege and Internal Investigations [caption id="attachment_1793" align="alignleft" width="150"] Raoul Colvile[/caption]


The Insolvency Rules: A 2017 update

The Insolvency Rules were updated on 1 April 2017. Salma Duncan outlines the key Changes. Please click below for the update. Insolvency Rules Article [caption id="attachment_1796" align="alignleft" width="150"] Salma Duncan[/caption]


4-5 Gray’s Inn Square – The General Election 2017

Retaining the 4-5 Gray's Inn Square Election Team - Election Law Poster


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.    


Supreme Court delivers verdict on landmark ‘Brexit’ case

[caption id="attachment_1796" align="alignleft" width="115"] Salma Duncan[/caption]           The Supreme Court delivered judgement in the case of R (Miller) v Secretary of State for Exiting the European Union  [2017] UKSC 5 on 24th January 2017.  It ruled by a majority of 8:3 that the Government cannot trigger Article 50 without an Act of Parliament. Full details of the [...]


Just where does Mrs May’s Speech leave the Unified Patent Court?

[caption id="attachment_560" align="alignleft" width="115"] Jane Lambert[/caption]           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 been seen as an awkward member state" However, there is one policy upon which we 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' Sports Arbitration Handbook 2017-18. Click here for link


Satinder Hunjan QC contributes to LawInSport feature on Key sports law cases of 2016

[caption id="attachment_1730" align="alignleft" width="115"] Satinder Hunjan QC[/caption]           A year like no other! Click here for link: Key sports law cases of 2016 - UK & Ireland   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 he is involved with have [...]


Anti-Social media – By Athelstane Aamodt

[caption id="attachment_1048" align="alignleft" width="115"] Athelstane Aamodt[/caption] 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 long ago as 130AD a Praetor’s Edict (a proclamation of Roman law) held that shouting at someone contrary to good [...]


IP After Brexit by Jane Lambert

[caption id="attachment_560" align="alignleft" width="115"] Jane Lambert[/caption]         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 entitled National and International-level concerns and developments regarding the IP landscape  that "The UK has one of the world’s best intellectual [...]


Drones: flightpath to the future?

[caption id="attachment_566" align="alignleft" width="115"] Joseph Dalby SC[/caption] [caption id="attachment_587" align="alignleft" width="115"] Ruhi Sethi-Smith[/caption] 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, because of the dramatic rise in their private use in the UK. Suddenly, anyone [...]


Extradition from the UK to India by Karishma Vora

[caption id="attachment_569" align="alignleft" width="115"] Karishma Vora[/caption]           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 as easy as one might expect. Extradition is a formal process whereby one country asks another country to return a person [...]


Blowing in the wind – Athelstane Aamodt & Michael Paulin

[caption id="attachment_1048" align="alignleft" width="115"] Athelstane Aamodt[/caption] [caption id="attachment_1552" align="alignleft" width="115"] Michael Paulin[/caption] 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 of Wandsworth [2016] UKEAT/0260/15/JOJ (26 January 2016). The judgment of the President of [...]


Non-domestic rate collection: never too late? By Marc Samuels

[caption id="attachment_944" align="alignleft" width="115"] Marc Samuels[/caption]           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 (NNDR) recovery is a chore for local government practitioners for a variety of reasons – pursuit of the often unknown [...]


Does Panama furore distract from main issue?

[caption id="attachment_508" align="alignleft" width="115"] Philip Hackett QC Financial Regulation[/caption]           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 Hackett says... Click link below for full article.  


Jane Lambert Speaks with Kluwer Patent Blog

[caption id="attachment_560" align="alignleft" width="115"] Jane Lambert[/caption]         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 project with a vote to withdraw the European Union, [...]


Phillip Pattterson features in Insolvency Intelligence

[caption id="attachment_666" align="alignleft" width="115"] Phillip Patterson[/caption]           Indefinite suspension of discharge from bankruptcy - a worrying trend? Insolvency Intelligence - Full Article


Guide to development consent orders

[caption id="attachment_666" align="alignleft" width="115"] Phillip Patterson[/caption]           Brian Hurwitz of the Sharpe Pritchard planning law team, and Phillip Patterson of 4-5 Gray's Inn Square, look at legal and procedural requirements for obtaining development consent orders ("DCOs") for a development that is a Nationally Significant Infrastructure Project ("NSIP"), as dealt with under the Planning Act 2008 [...]


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 to the registrar that: (a) the statements that you make in your agreement with the registrar are complete and accurate; (b) the registration of the domain [...]


Patents – Infringement and Revocation: Glass and others v Freysinnet Ltd. By Jane Lambert

        In Glass and Others v Freyssinet Ltd [2015] EWHC 2972 (IPEC) the inventors of a treatment process for concrete sued Freysinnet Ltd. ("Freysinnet") for infringement of their patent in the Intellectual Property Enterprise Court. Freysinnet counterclaimed for revocation of the patent on grounds of anticipation and obviousness. The action and counterclaim came on before [...]


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 public and commercial set will view all applications from new members on experience alone, and not be made aware of their gender, [...]


The laws of comedy by Athelstane Aamodt

[caption id="attachment_1048" align="alignleft" width="115"] Athelstane Aamodt[/caption]         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 passing them off as their own. Claims of joke theft are nothing new of course. Robin Williams, Keith Chegwin, Carlos [...]


False statements and election law

[caption id="attachment_1044" align="alignleft" width="115"] Athelstane Aamodt[/caption]           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 have had false and damaging statements made about them. However, if a person is a candidate in an election, the [...]


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 are in supported living or their home and so outside the Deprivation of Liberty Safeguards regime. Mr Justice Charles’ ruling comes after the President of the [...]


Insurance Act 2015 – A Guide for Insurers and Insured Parties – By Ruhi Sethi

[caption id="attachment_587" align="alignleft" width="115"] Ruhi Sethi[/caption]           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 statutory change to commercial insurance contract law for over one hundred years. The most notable changes [...]


Intellectual Property and the Footwear and Textile Industries – by Jane Lambert

[caption id="attachment_560" align="alignleft" width="96"] Jane Lambert[/caption]           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 an enormous international reputation founded on branding, craftsmanship and design. These intellectual assets that are protected by registered trade marks, [...]


The costs of nuisance and the nuisance of costs – by Phillip Patterson

A divided Supreme Court in Coventry and others v Lawrence and another [2015] UKSC 50 has finally brought to a conclusion a particularly sorry piece of litigation with a judgment which serves to highlight the turbulent regime of civil litigation costs in the 21st Century. Were it not for the human element at the heart [...]


Clear water emerges between Mitchell and Denton – by Phillip Patterson

[caption id="attachment_666" align="alignleft" width="198"] Phillip Patterson[/caption]   The recent judgment of the Court of Appeal in Michael Wilson & Partners Ltd v Sinclair [2015] EWCA Civ 774 definitely confirms that Denton v TH White Ltd [2014] 1 W.L.R. 3926 marked a departure from the principles set down in Mitchell v News Group Newspapers [2014] 1 W.L.R. [...]


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. Judicial-Review-of-the-Copyright-Exceptions.docx


Redelivery requirements in repo transactions

  [caption id="attachment_587" align="alignleft" width="198"] Ruhi Sethi[/caption] 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 agreements governing repo transactions. Full article below: Lexis Nexis Article  


David Hughes – Equal marriage after the US decision

      David Hughes writes for Gibraltar Chronicle Gibraltar Chronicle full article  


Indian arbitration law: landmark judgments from 2014, authored by Karishma Vora Parekh

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 Law Commission's latest Report on proposed amendments to the Indian Arbitration and Conciliation Act 1996. Click link below for full article Full Article


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/unmanned aerial vehicles (UAVs)). Last month, drones were spotted over Paris landmarks, at obviously a very sensitive time. In January, Scotland Yard declared central London a [...]



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. As local authorities defend current cuts challenges, the courts are trying to work out how far the Supreme Court’s decision goes. The principles of [...]


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 useful demonstration of the practical impact of the rules of common law precedent. The last of those cases also offers useful guidance to practitioners preparing cases [...]


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 Forest [2015] EWCA Civ 14, the Court of Appeal held that “other violence” (which can form the basis of a homelessness application) has a [...]


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.   Electoral Conference January 2015


Is Infringement of a Foreign Patent akin to Highway Robbery?

By Jane Lambert   Patents: Les Laboratoires Servier and another v Apotex Inc and others [2014] UKSC 55, [2014] 3 WLR 1257, [2014] WLR(D) 452, [2014] BUS LR 1217, UK Supreme Court In Everet v. Williams (1893), 9 L.Q. Rev. 197, the highwayman John Everet sued his partner in crime Joseph Williams "for discovery, an account, [...]


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