Star legal writers: litigation

How to increase your chance of success in corporate intelligence cases, avoid compromising future claims in settlements and  ­tackling the Trump tarnish come top in our litigation briefings

1 PwC: Intelligent litigation: new ways to gain the upper hand

With a wrinkled mackintosh, strategically positioned fedora, magnifying glass and gloves, anyone could pass for a private investigator. Over time, the intelligence world has forgone this stereotype. Corporate intelligence (CI) has been developed to help companies understand more about the background, activities, integrity, and source of funds and connections of their counterparties. And this has proved to be a powerful tool.

CI can help lawyers to assess who, and in which jurisdiction, to sue, as well as prove or disprove material allegations. Arguably, lawyers that use CI have a clear competitive advantage over their counterparts…

 2 Gateley: You get what you settle for

In a recent case the court held that a negligence claim worth more than £70m was caught by the terms of a settlement agreement over a dispute in connection with unpaid invoices. The agreed settlement sum was £90,000. The settlement agreement stated that the agreement was “…in full and final settlement of all or any claims which the parties have, or could have had against each other (whether in existence now or coming into existence at some time in the future, and whether or not in contemplation of the parties…)”.

3 Shepherd & Wedderburn: Can Aerosmith really prevent Trump from using its music?

By John MacKenzie

Over the past few months of Trump’s presidential campaign several artists have requested that he refrain from using their songs, on the basis that it could be seen as a tacit endorsement by the artist of the candidate.

4 Olswang: Top 10 injunction cases of 2015

By Dan Tench

5 Gateley: Beware mate’s rates: duty of care for gratuitous professional services

6 Carey Olsen: Court deals blow to fast-track cartel claims

7 S&O Partnership: Antisocial supercars in Chelsea – an update

8 Hudgell Solicitors: One punch can destroy many lives

By Paul Spence

9 Goodman Derrick: Settlement agreements and construction contracts: the right to adjudicate

By Tim Mould

10 Gowling WLG: What have you not agreed? Be careful when leaving visible deletions

Ones to watch

Kin stellar: Ukraine: major judicial reforms

The Ukrainian parliament has launched a major and long anticipated reform of the country’s judiciary and system of enforcement administration. As part of its package of reforms, parliament has introduced three laws. This briefing covers the new laws, which affect the judicial system and the status of judges; bodies and individuals that carry out enforcement of judgements and decisions of other bodies; and amendments to the constitution of Ukraine.

Collyer Bristow: Rusbridger: push back against investigatory powers law
An examination of former Guardian editor in chief Alan Rusbridger’s call for a push-back on the Investigatory Powers Bill. Speaking at a privacy event, he said he found it extraordinary that the response to the State wanting access to private information has been “a collective shrug” rather than outrage.

Schillings: The Shockumentary

Many businesses will have at one time experienced or will experience the shock of an exposé which contains damaging footage taken by an undercover journalist or activist posing as an employee or a visitor. This briefing looks at obtaining an injunction to stop information from being broadcast in the light of recent case Heythrop Zoological Gardens Ltd v Captive Animals Protection Society.

The Sheriffs Office: Spotting warning signs in Companies House data

As the cost of making a claim has risen over recent years, this briefing covers what data is available and advises creditors to undertake some checks before starting proceedings.