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Showing 9 out of 9 results
Article published on effect of settlement offers in non-money claims
A recent Court of Appeal decision provides useful guidance on how the court will determine the effect of a "without prejudice save as to costs" (or …
Court of Appeal confirms test for fortification of cross-undertaking in damages
The Court of Appeal has upheld an order requiring the claimant to fortify its cross-undertaking in damages after it obtained a worldwide freezing order …
Supreme Court: 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 …
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 …
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 confirms company assets fall outside direct scope of freezing injunction against company's owner
The Court of Appeal has clarified the definition of "assets" for the purpose of the standard form freezing injunction, confirming that assets belonging …
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 …
Supreme Court finds trustee fraud exception under Limitation Act does not apply to claims for dishonest assistance / knowing receipt
Often, a substantial time may have passed before a beneficiary becomes aware of a fraudulent breach of trust. Even when the fraud has been discovered, …
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