The hazards of litigation: a reprise - Swain Mason v Mills & Reeve

Published on 24 April 2012

1 min read

On 23 April the Court of Appeal handed down its judgment in the matter of Swain Mason v Mills & Reeve .

This litigation has followed a tortuous course, with the trial commencing three times and two trips to the Court of Appeal. Its progress to trial and the first instance judgment were the subject of an earlier briefing. The judgment clearly illustrates that Mills & Reeve was justified in rejecting a bad claim, which was based on hindsight. The court also agreed that Mills & Reeve should not have been penalised in costs for refusing to mediate.

Lessons learned from Black Sea Commodities Ltd v Lemarc Agromond PTE Ltd. In a rare case of a party successfully challenging an arbitration award under s67 Arbitration Act 1996, the English High Court considered the question of whether a GAFTA arbitration clause can be implied into an agreement between parties by market practice and custom.

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Contract Conversations: Privilege refresher

23 March 2021 | 15:00-15:30 | Zoom Webinar

Our next Contract Conversations webinar: Privilege refresher will be delivered by Mark Davison and Catherine Noble from Mills & Reeve

The hazards of litigation: a reprise - Swain Mason v Mills & Reeve

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