Read more about Commercial Litigation
The Brussels Regulation normally determines which courts could or should deal with litigation in the EU. Duncan Quinan gives his view on what's next. Read more
While lawyers were all brought up on the principle of “freedom to contract”, there appears to be a growing trend that the Courts are today prepared to take a more restrictive approach when it comes to construing scope of an exclusion clause. The latest example of this can be found in the recent Court of Appeal case of Kudos Catering (UK) Limited –v- Manchester Central Convention Complex Limited [2013] EWCA Civ 38. Read more
Victory for the banks in the first swaps mis-selling case was short-lived. Last week the FSA reported back on pilot cases examined under its redress scheme. More than 90% of sales were made in breach of FSA rules. Compensation is expected to be significant, with the four biggest banks having already made provision totalling £700m between them. Read more
This is the abridged version of "Mis-selling of financial products: a win for the banks", and you can read the full article in knowledge. Green and Rowley v RBS is the first reported case examining allegations of mis-selling of an interest rate swap. Although the claim failed, the decision should not deter other would-be claimants, particularly since it turned almost entirely on its facts. Read more
In one of the most eagerly awaited and significant rulings of recent times, the Supreme Court, by a majority of 5-2, has ruled that accountants will not be able to claim legal advice privilege in relation to tax advice provided to their clients. Read more
The case of Brit Inns Ltd & others v BDW Trading Ltd & others [2012] EWHC 2489 (TCC) offers a useful summary of the costs principles that will apply where a claimant has exaggerated the value of its claim and a defendant has failed to protect its position by making an appropriate Part 36 offer. Read more
The Court of Appeal has handed down a key judgment relating to ‘piercing the corporate veil’. The corporate veil is pierced when individuals in control of a company are held liable for wrongdoing, even though remedies appear only to be available against the company and not those individuals or vice versa. The court has overruled recent cases which appeared to extend the scope of the doctrine, and declined to find that a company’s controller was a party to a contract entered into in the name of his ‘puppet’ company. The judgment will provide parties with greater certainty as to who is bound by an agreement. Read more
In Howard-Jones -v- Tate, the Court of Appeal clarified the distinction between rescission of a contract on the one hand and repudiation on the other. Read more
In R (Ford) v FSA [2011] EWHC 2583 (Admin), the FSA, for the first time, lost a judicial review into one of its own investigations. Ford examines the impact of privilege on situations where advice is provided both to a company and its directors whose interests conflict. Read more
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