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Ensure all important terms are set out in a settlement agreement
Failure to do so may result in the agreement being incomplete for uncertainty: Western Broadcasting Services v Seaga [2007] UKPC 19 and Brown v Rice and …
Do not be complacent in resisting a summary judgment application
In resisting a summary judgment application, the respondent must put forward sufficient evidence to satisfy the court that it has a real prospect of …
Make it clear whether or not communications are intended to be "without prejudice"
Otherwise there is a risk that the court will find they were intended to be on an open basis: English & American Insurance Co Ltd v Axa Re SA [2006] …
Decide at an early stage whether to challenge service / jurisdiction
Failure to comply with strict procedural rules may result in waiver of the right to challenge: Hoddinott and others v Persimmon Homes (Wessex) Ltd [2007] …
Court of Appeal rules on audit liability
In its first full ruling on audit liability for several years, the Court of Appeal has upheld the first instance decision in the MAN/Freightliner …
House of Lords ruling expands availability of compound interest
The House of Lords has held that compound interest is recoverable in a claim for restitution of money paid under a mistake of law and, although strictly …
Abuse of the court process for issuing a Claim Form
A recent decision of the High Court has clarified the circumstances in which the issue of a Claim Form will constitute an abuse of the court process: …
'Reasonable endeavours' undertaking - Commercial Court clarification
"Reasonable endeavours" and “best endeavours” undertakings are very commonly found in contracts of almost every description, and whether a party may be …
House of Lords overhaul economic torts
The decision of the House of Lords handed down earlier this month has made headlines in the mainstream as well as the legal press. For the mainstream …
Recovery of management and staff costs
In a decision which has provided valuable guidance in resolving an area of legal uncertainty, the Court of Appeal has clarified the conditions which need …
Recent case on champerty
The recent case of Mansell v Robinson [2007] EWHC 101 (QB) has demonstrated the court's modern, more flexible approach to the rules against champerty. …
Legal advice privilege and preparatory documents
A recent High Court case held that legal advice privilege protects confidential communications passing between a lawyer and his client and does not …
Showing 1,944 out of 1,955 results
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Alan Watts
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