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Courts taking tough line on disproportionate costs
A recent decision of the Senior Courts Costs Office shows that the post-Jackson test of proportionality can mean a significant reduction in the …
Article published: Material adverse change clauses - staging a return
Material adverse change (MAC) clauses aim to give buyers a right to withdraw from M&A deals on the occurrence of certain events that are …
High Court allows group claim to proceed against UK-domiciled parent company in relation to acts of subsidiary company abroad
The High Court has rejected jurisdiction challenges by a UK-domiciled company and its Zambian-domiciled subsidiary, allowing a group claim brought by …
Court of Appeal finds bank did not owe duty of care to undisclosed principal in relation to banker's reference
A recent Court of Appeal decision clarifies the circumstances in which a bank will owe a duty of care in giving a reference for a customer: Playboy Club …
Defining your liability in advance: Liquidated damages, limitation and exclusion clauses
Parties to commercial contracts commonly seek to set some parameters around what will happen in the event of a breach. They may for example agree a fixed …
The price of changing experts: disclosure of privileged report
In a recent decision, the Technology and Construction Court granted defendants permission to adduce expert opinion evidence from a second expert, after …
UCTA reasonableness test may apply even where contract is only partly on standard terms
The High Court has found that the requirement of reasonableness imposed by the Unfair Contract Terms Act 1977 (UCTA) can apply in circumstances where a …
Recent decision highlights costs risk in issuing a claim form which is not then served
Significant costs can be incurred in the pre-action period while parties investigate a claim and follow pre-action protocols. At the same time, it …
Civil Justice Council working group to review "hot-tubbing" of experts and other topics
A CJC working group has been set up to consider and review a series of discrete topics relating to civil litigation, which will ultimately feed into the …
Supreme Court upholds celebrity injunction
The Supreme Court has today allowed an appeal by a celebrity (PJS) seeking an injunction preventing publication of details of his private life, by a …
Court of Appeal finds parties bound by unsigned agreement despite express term requiring execution by both parties
The Court of Appeal has upheld a decision of the Commercial Court which found that a party had accepted the terms of an agreement by its conduct, even …
A reminder of the need to comply carefully with contractual requirements in notifying warranty claims
In a recent decision, the High Court struck out claims for breach of warranty on the basis that they were not notified in accordance with the relevant …
Showing 1,224 out of 1,863 results
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Alan Watts
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