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UK Supreme Court to consider whether recoverable success fees / ATE premiums breach Article 6 rights
In a judgment handed down last Wednesday, 23 July, the Supreme Court said it was open to the Court to reconsider whether a claimant's right to …
Article published considering rights and remedies for breach of pre-emption clause
Pre-emption clauses, as commonly found in shareholder, investment and joint venture agreements, are designed to prevent a shareholder selling his shares …
Court of Appeal upholds award of damages for breach of English jurisdiction agreement
The Court of Appeal has held that it did not infringe EU law to bring a claim for damages for breach of a settlement agreement, and the jurisdiction …
High Court restrains use of privileged documents disclosed by solicitor in breach of confidence
The High Court has held that a party retained the benefit of legal advice privilege in information provided to her solicitor which the …
Article published on recent clarification of Mitchell guidance on relief from sanctions
The Court of Appeal's decision in the high-profile Mitchell "plebgate" case last November introduced tough new guidance on the approach …
Supreme Court corrects "wrong turn" in English law, holding that bribes received by an agent are held on trust for the principal
Who is the rightful owner of a bribe? Is a bribe or secret commission received by an agent "held on trust" for his principal? Or is the principal's claim …
High Court considers relevance of Mitchell to late application to challenge jurisdiction
A deputy judge has held that deemed submission to the jurisdiction by failing to challenge jurisdiction on time is not a sanction, so no question of …
Court of Appeal confirms account of profits available as remedy for dishonest assistance
Some, if not quite born trustees, are appointed as such at the outset of a trust. Some achieve trusteeship at some later stage. And some have some …
New EU Regulation establishing European Account Preservation Order procedure
A new EU Regulation will come into force tomorrow establishing a European Account Preservation Order (EAPO) procedure to facilitate cross-border debt …
"Opening shot" protected by without prejudice privilege
The High Court has held that a draft Complaint in New York proceedings sent to the other party marked as a "preliminary draft" and "for settlement …
Court of Appeal confirms contractual rules apply by analogy to assessment of compensation under cross-undertaking in damages
A recent Court of Appeal decision has confirmed that the usual contractual rules, including as to remoteness of damage, apply by analogy to the …
High Court finds agreement to engage in time limited "friendly discussions" is enforceable
The Commercial Court has held that a dispute resolution clause requiring the parties to seek to resolve a dispute by friendly discussions constituted an …
Showing 1,440 out of 1,864 results
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