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Article published on the new rule on penalties under English law
Much interest has been generated by the Supreme Court's decision in Cavendish Square Holding BV v Talal El Makdessi; ParkingEye …
Supreme Court rewrites English law rule on penalties
In a judgment handed down this morning, the Supreme Court has in effect re-written the rule on penalties, saying that the underlying rationale of the …
Contractual damages: Supreme Court confirms overriding compensatory principle in case of one-off sale
In a recent judgment, the Supreme Court has confirmed that the overriding compensatory principle applies in the case of an anticipatory breach …
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 …
Showing 6 out of 6 results