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Forsyth v Howson and another company [2025] EWHC 653 (KB) What are the practical implications of the case? The decision spotlights whether a claimant with capacity can be forced to disclose privileged settlement advice. Currently, no procedure exists to mandate such disclosure, and the judge did not take it further. Consequently, the defendant could not thrust court approval on a capacitous claimant. The judge noted that, although parties crave finality and fear any settlement might unravel, if the claimant does have litigation capacity the compromise will not be set aside and judicial approval would have been redundant. The case therefore emphasises respecting a claimant’s autonomy where capacity is present, and urges defendants to proceed warily before seeking approval contrary to the claimant’s wishes, especially at a point in the proceedings when additional evidence about financial capacity is still required. What was the background? The background: the claimant was gravely injured when his e-bicycle collided with the first defendant’s car, sustaining a moderate to severe brain injury...
On 9 June 2025, Deputy Attorney General Todd Blanche unveiled long-awaited new DOJ guidance for FCPA investigations and enforcement. The very next day, Matthew Galeotti, head of the DOJ’s Criminal Division, delivered a speech that announced this guidance and set out the Department’s approach to white-collar prosecutions more generally. Taken together, the address and the Blanche memorandum rejected speculation that the Trump administration would shelve FCPA enforcement. There is genuine optimism that the Blanche memorandum will steer the DOJ towards a reasonable, proportionate approach to FCPA enforcement—one that does not disproportionately and needlessly punish companies, yet equally does not condone bribery abroad. Nevertheless, the guidance (and the dismissals of several active FCPA prosecutions this year) still leave certain questions unanswered about their effect on businesses operating overseas. In applying the guidance and refining the memorandum, there remains more the DOJ should do to provide well-meaning global businesses with the predictability and certainty they crave. First, some background: This recent path began with Executive Order No 14209, issued in...
A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....
This Practice Note examines judicial tenders in the setting of Scottish civil actions involving multiple parties, in particular where a plurality of parties is present. It outlines sources of related guidance and mechanisms. For guidance on the following, see: additional matters concerning judicial tenders in Scotland, see Practice Notes: Tenders in Scottish civil litigation—nature, purpose and expenses implications, and Making and responding to judicial tenders in Scottish civil litigation alternative extra-judicial settlement routes in Scottish civil proceedings, see Practice Notes: Alternative dispute resolution in Scotland, and Pursuers’ offers in Scottish civil proceedings the nearest counterpart in civil proceedings in England and Wales, see Settlement and settling disputes—overview, which summarises the subject and links to detailed guidance on settlement options in England and Wales, including Practice Notes: Settling disputes—settlement offers (Calderbank, WPSAC and Part 36) and Without prejudice communications Multiple pursuers—separate tenders Frequently, there are actions in which more than one pursuer is involved, each advancing a distinct crave, or...
This How to complete an action for proving the tenor of a lost Will or codicil guide has been produced in partnership with Fergus Colquhoun of Terra Firma Chambers. It offers a worked example of an action to establish the tenor of a lost codicil in Scotland. It also sets out guidance on the degree of narrative and specification that ought to be included within the action. It is intended to be read in conjunction with Precedent: Style for action for proving the tenor of lost Will—Scotland. Example of completed action The fully completed example action can be accessed here in full as a reference: Choice of Sheriff Court The appropriate Sheriff Court is the competent court with jurisdiction over the locality in which the deceased was domiciled on the date of death. Who to identify as the Pursuer Anyone with a relevant interest may raise the proceedings, although in practice it will most commonly be the executor, or the individual entitled to be...