Litigation Notes

Unjust enrichment: High Court finds claimant entitled to restitution of the value of services provided in anticipation of a contract

The High Court has held that a supplier of soft toys was entitled to restitution of the value of the services it had provided to a toy designer, in …

Court of Appeal decision illustrates proper application of compensatory principle of damages, as well as modern approach to contractual interpretation

High Court awards full purchase price as damages for breach of warranty under share purchase agreement

The High Court has held that a purchaser was entitled to an award of damages amounting to the full purchase price under a share purchase agreement …

Court of Appeal confirms no claim for third party's loss unless common intention to benefit the third party at the time of contracting

The Court of Appeal has held that, where a buyer wrongly terminated a two year contract, the seller could only claim its own loss of profit and not that …

High Court reaffirms orthodoxy in assessing damages for breach of warranty in a share purchase agreement

Employment Appeal Tribunal finds penalty rule did not apply where no breach relied on

The Employment Appeal Tribunal (EAT) has held that the rule against penalties did not apply where an employer imposed certain contractual provisions …

Court of Appeal finds clause imposing liquidated damages for delay did not apply where work was never completed

In a recent decision, the Court of Appeal held that a clause providing for liquidated damages for delay did not apply where the contractor failed to …

Supreme Court considers loss of chance in professional negligence claim

The Supreme Court has given a rare judgment on the court's approach to awarding damages for a "loss of a chance" in a professional negligence …

Court of Appeal clarifies "advice" vs "information" distinction when applying SAAMCO principle in advisers' negligence cases

The Court of Appeal has confirmed that an auditor was not liable for break costs incurred as a result of its negligent advice in relation to the …

High Court finds liquidated damages clause for delay in construction contract was not unlawful penalty

The High Court has found that clauses in engineering, procurement and construction (EPC) contracts relating to solar power plants, which provided for a …

Supreme Court finds there is no claim in unjust enrichment for compound interest on mistaken payments

In a recent decision, the Supreme Court held that claimants could not bring claims in unjust enrichment to recover compound interest on taxes paid under …

Court of Appeal applies rigorous approach to assessing purpose element of claims to set aside transactions defrauding creditors

Despite evidence that a defendant knew he was facing potential proceedings which could bankrupt him, at the time he transferred assets to his son, the …