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High Court finds liquidated damages clause for delay in construction contract was not unlawful penalty
The High Court has found that clauses in engineering, procurement and construction (EPC) contracts relating to solar power plants, which provided for a …
Supreme Court finds there is no claim in unjust enrichment for compound interest on mistaken payments
In a recent decision, the Supreme Court held that claimants could not bring claims in unjust enrichment to recover compound interest on taxes paid under …
Court of Appeal applies rigorous approach to assessing purpose element of claims to set aside transactions defrauding creditors
Despite evidence that a defendant knew he was facing potential proceedings which could bankrupt him, at the time he transferred assets to his son, the …
High Court finds strike out of response to unfair prejudice petition does not automatically entitle petitioner to relief
In a recent judgment, the High Court has considered the extent to which petitioners in relation to unfair prejudicial conduct of a company's affairs can …
Court of Appeal finds non-shareholder creditor's claim barred by rule against reflective loss
In a recent decision, the Court of Appeal has clarified the ambit of the so-called rule against reflective loss, which has traditionally operated to …
Court of Appeal considers when court can use hindsight in assessing damages for "loss of a chance"
The Court of Appeal has considered the proper approach to awarding damages for the loss of a chance where a claimant has been deprived of a claim in …
High Court applies SAAMCO principle to find no assumption of responsibility for losses flowing from market forces
In a recent decision, the High Court found that an auditor was not liable for break costs of some £32.7 million incurred as a result of its negligent …
Supreme Court decision clarifies basis for the award of Wrotham Park damages
In a recent decision, the Supreme Court overturned a Court of Appeal judgment which potentially expanded the availability of "Wrotham Park" or …
Showing 8 out of 8 results
