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Article published - Contractual interpretation: continuity rather than change?
The past few years have provided an abundance of case law on contractual interpretation, including cases at the highest levels. These have sometimes …
Court of Appeal sends further message on mediation: Don’t drag your heels in arranging it
A recent Court of Appeal decision is the latest instance of the court expressly sending a message to litigants confirming what it expects of them …
Supreme Court finds lender could not recover damages from negligent accountants where loss avoided by borrower's repayment
The Supreme Court has held that the loss suffered by a lender due to its accountants' breach of duty was extinguished when the loan was repaid by the …
Subject access request may be used to obtain information for purposes of litigation
The Court of Appeal has recently ordered an English law firm which acted for trusts governed by Bahamian law to comply with a subject access request …
High Court grants interim non-disclosure order to restrain publication of confidential information
The High Court recently granted a hedge fund an interim non-disclosure order to restrain the publication of confidential information which had been …
Court of Appeal clarifies test for setting aside judgment for fraud
The Court of Appeal has clarified the test that must be met when seeking to set aside a judgment on the grounds that it was obtained by fraud: Takhar v …
Court of Appeal decision may mean higher awards of interest for claimants who make well-judged Part 36 offers
The Court of Appeal has held that a defendant should have been ordered to pay enhanced interest on both damages and costs at the maximum rate of 10% …
High Court finds option agreement void for uncertainty where it left delivery dates to be agreed
The High Court has found that an option agreement for the purchase of oil tankers was void for uncertainty where it provided that the delivery date for …
Survival of the first UK competition class action - at least for the moment
Last Friday (31 March), the Competition Appeal Tribunal (CAT) allowed the first 'class action' brought under the new competition law collective redress …
High Court considers defamation and harassment in context of street protests and online publication by foreign defendants
The High Court recently considered the approach to interpreting a "course of conduct" under the Protection from Harassment Act 1997 and the requirement …
Cross-border litigation - international perspectives
Herbert Smith Freehills has published the first issue of a new periodic publication "Cross-Border Litigation", designed to highlight legal and …
Supreme Court on contractual interpretation: striking a balance between the language used and the commercial implications
In a judgment handed down yesterday (29 March), the Supreme Court has unanimously dismissed an appeal relating to the construction of an …
Showing 84 out of 114 results
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Alan Watts
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