Two of the most common queries Proskauer’s UK litigation team is asked to advise upon are (i) the interpretation and scope of indemnities and (ii) liability caps. Over the summer, the English Courts handed down two judgments that focus on the interpretation of such provisions. These cases serve as a useful reminder of the importance of (1) clear drafting, (2) consistent drafting throughout a contract, and (3) fully considering all relevant risks at the outset of negotiations.
Charles Bishop is an associate in the Litigation Department and a member of the firm’s Asset Management Litigation group. Charles’ practice focuses on complex commercial litigation, supporting a range of asset-management, technology and fund clients. He has recently handled a complex fund GP removal and its consequential cross-border litigation, several earn-out disputes and matters in the London Employment Tribunal.
Charles also maintains an active pro bono practice, providing legal services to charities / NGOs on employment matters and human rights.
Charles is admitted as a solicitor in England & Wales. He is also a member of the Civil Litigation Section of the Law Society of England & Wales, and the Financial Services Lawyers Association.
Recent rule changes allow claimants full access to key English law mechanisms to discover the identity of defendants and location of assets, even where the wrongdoers and third parties are not based in England. This is highly relevant for victims of cyber-crime and crypto frauds.
Mediation is globally recognized as an effective dispute resolution mechanism. A trained mediator can assist apparently diametrically opposed parties in finding a resolution that avoids the time and costs of court proceedings, especially fully contested and lengthy final hearings. Over 50 countries have signed the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention) under which settlement agreements resulting from a mediation process can be recognized and enforced internationally without the need to bring a court claim for breach of the settlement agreement.