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Showing 84 out of 95 results
Court of Appeal clarifies approach to ordering rescission for misrepresentation
Where a party has entered into a contract as a result of a misrepresentation, the question often arises as to whether it can unwind, or "rescind", the …
Court of Appeal restricts scope for a defendant to reduce its liability for unjust enrichment based on the subjective value of its enrichment
The Court of Appeal has provided guidance on how to value a defendant's benefit in a claim for unjust enrichment: Littlewoods Limited and others v The …
Court of Appeal finds lender's avoided loss did not have to be taken into account in assessing damages due from negligent accountants
A majority of the Court of Appeal has held that damages payable to a lender by a firm of accountants should not be reduced to reflect a repayment by the …
UK Supreme Court considers proper approach to awarding compensation for breach of trust in a commercial context
The Supreme Court has confirmed that equitable compensation for breach of trust in the context of a commercial transaction, and in the absence of fraud, …
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 …
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 …
Court of Appeal decision means injunction to prevent breach may be more readily obtained where damages limited by contract
The Court of Appeal has held that an interim injunction should be granted to prevent the defendant's alleged breach, on the basis that damages would be …
Court of Appeal confirms party that has renounced contract cannot rely on own unwillingness to perform to reduce damages payable
The Court of Appeal has confirmed that where a party to a contract has renounced its obligations, damages are to be assessed on the assumption that it …
High Court finds damages not an inadequate remedy due to contractual limitation clause and refuses interim injunction
The High Court has refused to grant an interim injunction, holding on the basis of prior authority that a limitation clause excluding certain heads of …
Court of Appeal decision on mitigation of loss
The Court of Appeal has held that an innocent party did not fail to take reasonable steps to mitigate its loss by not permitting the party that …
Commercial Court refuses to award compound interest where interest losses not specifically pleaded
The Commercial Court has refused to award compound interest on sums in excess of US$1.5 billion paid away by the claimant bank as a result …
UK Supreme Court confirms FSA not required to give cross-undertaking in damages
In a judgment handed down yesterday, the Supreme Court held that there is no general rule that an authority such as the FSA, seeking an injunction …
Showing 84 out of 95 results
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Alan Watts
Partner, Head of Class Actions, UK and EMEA, London
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Knowledge Counsel, London
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Knowledge Lawyer, London
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Knowledge Lawyer, London