Clyde & Co | Risky Business
In the 'Risky business with Clyde & Co' podcast series, partners and associates from the dispute resolution team in London discuss a range of risks and related issues that arise when businesses are in conflict or seek to manage and avoid potential disputes. The series focuses on legal and commercial challenges during disputes, offering insights on risk management and conflict avoidance.
Episodes
Risky Business | Series 2, Episode 6 | Limitations of Liability
Risky Business | Series 2, Episode 5 | Commercial contracts – pitfalls reminders – will sovereign immunity be a problem?
In this episode, Associates Léonor d’Albiousse and Khaled Abdelhaq delve into the concept of sovereign immunity, a legal doctrine that protects sovereign states from being sued in foreign courts without their express consent.
Risky Business | Series 2, Episode 4 | Generative AI in preparing for arbitral hearings
Ian Hopkinson and Natalie Armstrong discuss the current use of Generative AI in preparing for arbitral hearings.
Risky Business | Series 2, Episode 3 | Norwich Pharmacal orders
In this episode, Hashem Hijjawi and Camille Lukusa from Clyde & Co LLP's Global Dispute Resolution team explore the concept of Norwich Pharmacal orders, a legal tool used to compel third parties to disclose information necessary to identify wrongdoers. They explain the origins of this relief in the 1974 House of Lords case of Norwich Pharmacal Co v Customs and Excise Commissioners, where the c
Risky Business | Series 2, Episode 2 | Commercial contracts – pitfalls reminders – Dispute resolution clauses
Dispute resolution clauses are sometimes regarded as “midnight clauses" on which parties spend little time when negotiating a commercial contract. However they could have a significant impact on the parties should the deal go wrong. When drafting a dispute resolution clause, it is important to first decide the appropriate dispute resolution mechanism, remembering that mediation, litigation or arbi
Risky Business | Series 2, Episode 1 | Commercial contracts - margin calls
Anna Myrvang and Fred Feistauer discuss the case of Elliott Associates LP & Anor, R. (On the Application Of) v The London Metal Exchange & Anor [2024] EWCA Civ 1168 and the impact of margin calls on business relationships.
Risky Business | Episode 7 | Commercial contracts: pitfalls and reminders - recent case on novation
Associates Laura Nelson and Hashem Hijjawi discuss the recent case Magee and others v Crocker and another [2024] EWHC 1723 (Ch), which concerned the question of whether a contract (in this case a shareholders' agreement) could be novated by conduct.
Risky Business | Episode 6 | Litigation Financing – risk and return
Associate Steven Bird and Partner Ian Hopkinson discuss litigation financing.
Risky Business | Episode 5 | Commercial contracts – pitfalls reminders – who am I contracting with?
Associates Saskia Wolters and Elisabeth Wagner examine the Supreme Court's decision in Philipp (Respondent) v Barclays Bank UK PLC (Appellant) [2023] UKSC 25.
Risky Business | Episode 4 | Blockchain and smart contract disputes | On-chain and off-chain mechanisms
Associate Robin Bandar and Partner Anna Myrvang exchange high level thoughts on on-chain and off-chain dispute mechanisms.
Risky Business | Episode 3 | Commercial contracts - pitfalls reminders – recent case on variation
Associate Laura Nelson and Partner Anna Myrvang discuss the recent decision in Advanced Multi-Technology for Medical Industry and others v Uniserve Ltd and others [2024] EWHC 1725 (Ch) which is a good example of how the English courts approach disputes about contractual variation and the authority of agents.
Risky Business | Episode 2 | Comparing and contrasting the Commercial and Chancery divisions of the High Court
Associates Steven Bird and Natalie Armstrong discuss considerations for litigating parties who are having to decide whether to take court action in the Chancery or the Commercial divisions of the English High Court.
Risky Business | Episode 1 | Pocket-sized thoughts on procedure - Generative AI and disclosure
Associate Natalie Armstrong and Partner Anna Myrvang exchange thoughts on the duty to consider the use of technology in the disclosure process in English court proceedings, and how new generative AI tools may need to be taken into account in this context.
