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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 …
Court of Appeal expresses view that contract requiring amendments to be in writing may nevertheless be amended informally
The Court of Appeal has overturned the High Court's interpretation of an exclusive Supply Agreement, finding that the judge's interpretation was not …
Court of Appeal decision confirms stay may be granted despite forum non conveniens waiver clause but precise basis uncertain
The Court of Appeal has upheld a decision of the Commercial Court refusing a stay of English proceedings where the contracts contained a non-exclusive …
Contractual requirement to give notice calling for breach to be remedied did not apply to termination for repudiatory breach
The High Court has found that a notice requirement within a contractual termination clause did not apply where a party terminated at common law following …
Managing risk: a disputes perspective
This recent Herbert Smith Freehills conference, which was attended by over 90 clients, explored some key legal and compliance risks facing major …
Our new global cross-border M&A report: litigation risk likely to increase
Litigation risk is a mounting problem for businesses pursuing cross-border M&A, with almost three-quarters of companies questioned for Herbert Smith …
Court of Appeal finds Part 36 precludes split costs order unless full costs recovery would be unjust
The Court of Appeal has overturned an order depriving a claimant of part of her costs where she had beaten her own Part 36 offer: Webb v Liverpool …
Showing 1,296 out of 1,929 results
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