EMM Legal News

Do class actions exist in the United Kingdom? Not really! Should they?

What is a class action in the USA? A class action is a collective claim in which the court awards permission to an individual or individuals to bring the claims of others similarly situated (the class members) in a single … Continue reading

Private prosecutions: a global affair?

There has been an exponential increase in global business since the turn of the century. International trade is no longer the preserve of the Fortune 500. Every corner shop in Croydon is a customer in the international marketplace, importing goods … Continue reading

Quarterly update on Freezing injunctions

Kazakhstan Kagazy Plc v Zhunus [2016] EWCA Civ 1036 – Court of Appeal A group of companies brought proceedings against their former chairman (“Mr Zhunus”), CEO (Mr Arip”) and former director (“Mr Dikhanbayeva”) for misappropriation of their assets. When serving … Continue reading

Edmonds Marshall McMahon Quarterly update on Trusts

Hague Plant v Hurtley [2016] EWHC 2663 (Ch) In a complex action relating to a cross invoicing scheme between two companies, Norris J followed the Supreme Court decision in Patel v Mirza [2016] UKSC42 and held that allowing recovery for … Continue reading

Obtaining Evidence for Use In Foreign Proceedings: A discussion of nuances in Norwich Pharmacal relief in the context of foreign criminal and civil proceedings

The case of Norwich Pharmacal v Customs & Exercise Commissioners [1974] AC 133 established the Norwich Pharmacal jurisdiction. The remedy obliges a third party who is “mixed up” in the wrongdoing to disclose to a claimant the identity of another … Continue reading

Kate McMahon Featured in The Lawyer’s Hot 100!

Edmonds Marshall McMahon is pleased to announce that Kate McMahon has been featured in the Lawyer’s Hot 100 for 2017. The Hot 100 is a celebration of extraordinary lawyers based in the UK who have completed groundbreaking work in the … Continue reading

How changes to the Criminal Procedure Rules are part of an evolution towards further co-operation in disclosure

With potentially drastic consequences to prosecutions for procedural failures, disclosure has long been treated by the defence as an Achilles heel of prosecutors, especially in the face of the realities of disclosure in the ‘information age’. However, changes in the … Continue reading

Risky Business: Hacking, data theft, rogue employees and Corporate Protection in a Digital Age

For companies, there is no longer a question of whether a company or corporation will have to deal with computer hacking and Cyber Crime, but rather a question of when. In 2015, “Cyber crime” was first included in the annual … Continue reading

When are ‘without prejudice’ statements admissible?

Ferster v Ferster and others [2016] EWCA Civ 717 Court of Appeal, Civil Division The Unilever Rule[1]  The general principle is that no one can give evidence of what was said in without prejudice negotiations. It is, however, subject to … Continue reading

David Jugnarain appointed as Partner at Edmonds Marshall McMahon

Edmonds Marshall McMahon is pleased to announce the appointment of David Jugnarain as Partner. David joined Edmonds Marshall McMahon in June 2013 and has recently completed a Master’s Degree in Public International Law at the London School of Economics (distinction).  … Continue reading