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Contract termination checklist May 2024
15 May 2024We have produced a contract termination checklist exploring issues to consider when terminating contracts, common pitfalls and how to avoid getting it wrong.
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Auditors may owe duty to buyer of shares despite disclaimer
21 March 2024The High Court found that there would be a real prospect at trial of the buyers of shares of a company succeeding with a claim that auditors would be liable to them for failures when preparing the company’s accounts, despite a contractual disclaimer.
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Unfair prejudice petitions - statutory limitation periods do apply
21 March 2024The Court of Appeal ("COA") has recently confirmed that statutory limitation periods under the Limitation Act 1980 ("LA 1980") do in fact apply to unfair prejudice petitions under the Companies Act 2006 ("CA 2006"), despite it having been understood for over 40 years that they did not.
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Varying a worldwide freezing order: timely collaboration and transparency is key – Lewis Silkin advises successful respondent
07 March 2024An attempt to vary a £88m worldwide freezing order to permit the sale of a significant London property was successfully resisted recently by the Claimant, represented by Lewis Silkin. We explore the issues arising in the recent High Court judgment, which confirmed the importance of timely collaboration and transparency when considering the variation of a freezing order.
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Guidance on key concepts of privilege from Court of Appeal
15 February 2024The Court of Appeal ("COA") has handed down a judgment dealing with a number of important points regarding the scope of legal professional privilege and the iniquity exception.
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A guide to the litigation process in England and Wales
Inbrief
06 February 2024If you are involved in a dispute in England and Wales you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.
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Climate change action against directors dismissed
07 June 2022In one of the first cases of its kind, the High Court has dismissed an application to bring a claim for breach of duty against directors who, it was said, had failed to create a credible plan for disinvestment from fossil fuels.
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Jurisdiction Challenges
Inbrief
28 October 2021Where a claim is litigated can be very important. This inbrief provides you with a guide on how to challenge the jurisdiction of the English courts if a claim is started here. We also highlight the steps that can be taken in England if a claim is commenced elsewhere, even though you believe it should be litigated or arbitrated in England.
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Enforcing arbitral awards in England & Wales
Inbrief
28 October 2021Where a party has obtained a favourable arbitration award in a jurisdiction other than England and Wales and the respondent to those arbitration proceedings has assets in this jurisdiction, the successful party may wish to enforce the arbitration award here. This guide will consider the steps that the successful party must take in order to be able to do so.
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“A net from which there is no escape”: takeaways from recent cases on dishonesty and conspiracy
11 October 2021The case of Lakatamia Shipping Co Limited v Nobu Su is one of a number of recent judgments to grapple with questions of honesty and credibility.
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A customer refused to pay full price. Can we make them? Frances Simm writes for The Times
06 October 2021We’ve started supplying a new customer under our standard contract terms, but when they had our goods they demanded we accept a lower price and wouldn’t return what we’d sent. We were relying on their payment to meet some other costs so we accepted payment at the lower price. Is there anything we can do?
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How can I get my supplier to give me the goods I’ve paid for? Rebecca Harries writes for The Times
09 September 2021I paid for some goods and the seller has not provided them. We had a contract and I don’t want compensation or money back, I just want the goods. I cannot get them elsewhere. What can I do?
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Enforcing a Chinese Judgment in England
Inbrief
08 September 2021It is important for winning parties to be able to enforce judgments made in their favour. Before issuing proceedings claimants will often need to consider where the assets of a potential defendant are located and whether any judgment obtained can be enforced in the country where the judgment debtor has assets. If a proposed defendant to Chinese proceedings holds assets in England, it will be particularly important for a claimant to examine whether an English court will enforce a Chinese judgment in their favour.
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The increasing popularity of group litigation – and the risk for corporates. Andrew Wanambwa comments for International Bar Association
Press
06 September 2021Group litigation is on the rise, spurred on by the global nature of business and the introduction in some jurisdictions of legislation friendly to, for example, class action lawsuits. In-House Perspective considers what’s driving the trend and its implications for corporate risk, and, by extension, for in-house counsel.
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The English Court Process: A guide for parties from outside the jurisdiction
02 September 2021The English courts are regularly chosen as the forum for the resolution of disputes, even between parties who do not have any other link to the jurisdiction. English judges are used to dealing with cases where one or both parties are not located within the jurisdiction and regularly deal with cases where initial applications concern a dispute over jurisdiction. This guide provides an outline of the civil litigation process in the English courts. It sets out the key points to bear in mind when bringing or defending a claim in England.
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SPA warranty claims – case update
01 September 2021In our article “SPA warranty claims - getting the notice right” we set out the common notice requirements that need to be complied with when making a warranty claim under an SPA, and the importance of complying with those requirements.
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Supreme Court dismisses Times Travel (UK) Ltd’s lawful act economic duress appeal (Pakistan International Airline Corporation v Times Travel (UK) Ltd): Tom Beard comments for Lexis Nexis
Press
20 August 2021The Supreme Court has unanimously ruled in favour of dismissing the appeal by Times Travel (UK) Ltd. The judgment sets out the essential elements on the doctrine of lawful act economic duress and what constitutes an illegitimate threat or pressure.
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My supplier claims we made a deal over the phone but I disagree. Who’s right? Fraser McKeating writes for The Times
Press
09 August 2021One of my suppliers says we reached a deal but I don’t think we did. It was all done over the phone so I don’t have paper records. What can I do?
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Misrepresentation: the pitfalls of pre-contract statements
Inbrief
21 July 2021Prior to the conclusion of a contract parties will often make statements to each other - during negotiations, in tender documents and in a variety of other ways. Most pre-contract statements are carefully considered. But sometimes statements are made which are false or misleading. When false statements induce an innocent party to enter into a contract the consequences can be serious.
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Hague Convention - Obtaining Evidence In England And Wales For Use In Another Jurisdiction
Inbrief
21 July 2021Parties to proceedings in other jurisdictions often need access to evidence located in England and Wales. This guide explains how to obtain evidence in England and Wales for use in another jurisdiction.