39 Essex Chambers’ Post

In the practice note column, Candidate Legal Practitioner, Achuma Mangele, discusses damages and the distinction between pursuing contractual or delictual damages. https://lnkd.in/dhrdbJ6M

This week I was lucky enough to attend a session by Edwin Peel, a distinguished author, professor at Keble College, Oxford, and barrister. Edwin shared his expert analysis on recent case law over the last 12 months affecting commercial contracts, covering critical topics such as exclusion clauses, good faith, breach of warranty, and more. Huge thank you to Edwin and to Freeths for hosting such an insightful session. #InHouseLawyers #ContractLaw #CommercialLaw #GeneralCounsel

Phase Two of the Inquiry is underway. Over the next few weeks, we want to share more with you about the focus of our work, and the people who are leading Phase Two – our Commissioners. Grant Illingworth KC, the Inquiry Chair, is a litigation specialist with expertise in public law, including constitutional law, administrative law and judicial review. Watch the video below to hear more from Grant about what he hopes the Inquiry will achieve, and his background.

'Housing: Law and Practice' has just published! Congratulations to both Neil Maddox and Finn Keyes on this wonderful achievement. More details on this title can be found here: https://lnkd.in/ekvCtAyw

I'm thrilled to announce that my publication "The Uncertainty of the Criterion of Enforceability in Contracts" at The Brief is officially out and available to read. This paper examines the evolution of the enforceability of contracts across common law jurisdictions. It traces the shift from an objective approach, which focuses on the outward expressions of agreement between parties, prevalent in the early to mid-20th century, to a more subjective and equitable approach employed in the late 20th century, which considers the fairness and intentions behind the agreements. In the last few decades, the approach has once again shifted, becoming more conservative and less settled. The paper delves into key judicial decisions related to two major concepts: consideration (the value exchanged in a contract) and consensus ad idem (mutual agreement). These concepts will be applied to recent and highly tendentious matters of forum exclusion clauses in adhesion contracts. By analyzing case law and judicial decisions, the paper highlights the ongoing debate between different legal philosophies and the challenge of balancing stability in the law with achieving justice in individual cases. Check it out at https://lnkd.in/gYSnnvng.

Within our recent article, our Director, Damon Laffin, discusses the lessons learned from the recent case of Quach v Daly [2024] QCA 221. Per du Boulay v Worrell & Ors [2009] QCA 63, it has long been held that whilst self-represented litigants should be afforded a degree of indulgence and given appropriate assistance, they are as much bound by the rules of court as any other litigant. The recent Quach v Daly highlight the risks that arise for self-represented litigants who are unfamiliar with the complexities and procedural requirements of litigation and further emphasises the importance of obtaining legal advice. Had the appellant done so, they could have prevented the various adverse cost orders made against them. 👉 Read the full article - https://lnkd.in/gnJXXHQA 🔍 The case is attached below.

In a new article, Professor Ramsey undertakes a broader originalist defense of the major questions doctrine, concluding that the major questions doctrine is consistent with judicial practice dating to the founding era and that the doctrine is likely consistent with the original meaning of the judicial power. To read the article and more works on administrative law, visit https://lnkd.in/gUCT3ct7

Nicholas O'Donnell was featured in the September/October 2024 issue of The Practice, published by the Harvard Law School Center on the Legal Profession. In the article, Nick discusses his path to becoming one of the leading lawyers in the United States in matters concerning claims to allegedly Nazi-looted works of art. To learn more, click here: https://lnkd.in/eZT_x_PF #WhatsYourNext

It is not often that a 'von Risefer' order is made (legal nerd in me, got excited). In this case, the order was issued to restrain the Plaintiff from instituting any proceedings or taking further action against the defendant, without leave of a judge of the Trial Division of the Supreme Court. This occurred after the Plaintiff had six (6) attempts to ensure their pleadings appropriately pleaded a cause of action. Due to their failure, the Defendant applied for the fourth further amended statement of claim to be struckout. The Supreme Court granted the order to strikeout and exercised their own discretion to make the von Risefer order. The Plaintiff appealed the decision, which was promptly dismissed. The Court of Appeal held that 'No logical basis has been shown to interfere with the conclusions of the primary judge. We dismiss the appeal with costs.' This serves as an important reminder to obtain legal advice prior to commencing proceedings and the risks that may arise for a self-represented litigant who is unfamiliar with the procedural requirements - the full case is attached below. 🔍

How are settlements handled in class actions and mass torts? Deborah Greenspan will join panel chair Steven Weisbrot (Angeion Group), Sabrina Lombardi (McKenzie Lake Lawyers LLP), Judge Bernard Murphy (Federal Court of Australia), and Judge Larisa Alwin (The Amsterdam Court of Appeal) on May 23 at Perfect Law’s Global Class Actions and Mass Torts Conference in London to discuss the ins and outs of settlements in these cases. #classactions #masstorts #settlements #classactionlitigation