In the "Risky business with Clyde & Co" podcast series, partners and associates in the dispute resolution team in London reflect on a wide range risk and related issues that arise when businesses are in conflict, or are looking to manage and avoid potential conflict.
Risky Business | Series 2, Episode 6 | Limitations of Liability
This episode explores limitations of liability, but lacks further details about specific insights or participants.
17 Jun 2025
Risky Business | Series 2, Episode 5 | Commercial contracts – pitfalls reminders – will sovereign immunity be a problem?
Associates Léonor d’Albiousse and Khaled Abdelhaq explore sovereign immunity, a legal principle shielding nations from lawsuits in foreign courts without consent, offering crucial insights into commercial contract risks.
20 May 2025
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.
8 Apr 2025
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 court held that justice required HMRC to disclose the identities of patent infringers.
25 Mar 2025
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 arbitration each have their own pros and cons. If arbitration is selected, then parties might choose ad hoc or institutional arbitration. There are various points to consider when selecting the most appropriate institutional arbitration rules, and parties are recommended to carefully consider the seat, governing law, hearing place and language of arbitration, and the number of arbitrators, in their arbitration clause. As a rule of thumb, remember to keep the dispute resolution clause simple and get the basics right.
10 Mar 2025
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.
17 Dec 2024
Clyde & Co | 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.
3 Dec 2024
Clyde & Co | Risky Business | Episode 6 | Litigation Financing – risk and return
Clyde & Co Partner Ian Hopkinson and Associate Steven Bird explore the risks and rewards of litigation financing with expert insights.
20 Nov 2024
Clyde & Co | Risky Business | Episode 5 | Commercial contracts – pitfalls reminders – who am I contracting with?
Clyde & Co associates Saskia Wolters and Elisabeth Wagner dissect the Supreme Court's Philipp v Barclays Bank UK PLC decision to highlight critical contract pitfalls and best practices.
4 Nov 2024
Clyde & Co | 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.
22 Oct 2024
Clyde & Co | 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.
8 Oct 2024
Clyde & Co | 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.
24 Sept 2024
Clyde & Co | 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.
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