Welcome to the firm's first electronic version of the Commercial Litigation Review. We hope that by sending you our newsletter in this format, that it will be more user friendly and easier to identify those articles which are of interest and relevance to you. Of course, it also ensures that we save some trees.
With the credit crunch dominating most of our thoughts this year and likely to in 2009, we thought it would be useful to dedicate our 'Special Focus' article on the impact of the global downturn on litigation in the UK. It considers how litigation is likely to increase in the property, banking and general commercial sphere, as well as more spin-off proceedings from corporate insolvencies.
This edition of the Review also looks at the liability of company auditors arising from liabilities incurred by a company towards third parties caused by a company's fraud and the confidentiality of arbitrations. Both topics will be sure to have greater prominence in the months to come.
A short synopsis of all the articles in this edition of the Review is detailed below, for your ease of reference.
We hope you enjoy this edition of the Review and on behalf of everyone at Edwards Angell Palmer & Dodge, we wish you a happy festive season.
Antonio Suarez-Martinez
Editor / Associate (London)
t: +44 (0) 20 7556 4526
e:
asuarez-martinez@eapdlaw.com
ARTICLES IN THE DECEMBER 2008 EDITION OF THE REVIEW:
UK Focus 
Special Focus
Credit Crunch special focus article: An analysis of where in the commercial sphere it is perceived litigation will increase and measures that can be taken now to minimise a company's risk of facing claims. More>>
Arbitration
Consideration as to whether it is safe to presume the confidentiality of arbitrations in light of recent decisions. More>>
Asset Recovery
An update on the law on obtaining freezing injunctions – considering the cases of Iman Said v Pegasus and Mobil Cerro Negro v Petroleus de Venezuela on the issues of non-disclosure and risk of dissipation. More>>
In AG of Zambia v Meer Cere & Desai the courts once again considered the test of dishonest assistance and held that even if a defendant does not know the relevant facts, however foolish, it will not be enough to establish dishonesty. More>>
Contract
Consideration of two cases in the Court of Appeal that once again emphasised the importance of clear contract drafting. More>>
Employment
A recent decision of the House of Lords may have a major impact on the law of disability discrimination in the employment arena with the possibility that it may be more difficult for employees with a disability to establish a claim for indirect discrimination. More>>
Group Litigation
Analysis of whether the case of Devenish v Sanofi-Aventis is a fatal blow to the potential for US-style class actions in the UK. More>>
Negligence
The Court of Appeal unanimously held that an auditor will not be liable for the losses that arise from liabilities incurred by a company towards third party's caused by a company's fraud where the fraud is committed by the "sole directing mind" of the company. More>>
US Focus 
New disclosure rules in International Arbitrations in the US. More>>
Litigation News
A brief look at topical litigation-related issues in the UK. More>>
Effective 1 January 2008 Kendall Freeman merged with US law firm Edwards Angell Palmer & Dodge LLP.
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