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High Court decision illustrates danger of using "all" in a negative clause
In a recent decision, the High Court had to consider the proper construction of a term which entitled the parties to rescind "if all of the Conditions …
Court of Appeal decision confirms high threshold for fraud requirement in a common law derivative action in the LLP context
A recent Court of Appeal decision provides a useful reminder of the limited scope of the exceptions to the rule in Foss v Harbottle in common law …
Commercial Court considers interpretation of clause excluding consequential or special losses
The Commercial Court has considered the proper construction of the phrase "consequential or special losses, damages or expenses" in a ship-building …
Court of Appeal clarifies scope of potential liability under the Misrepresentation Act 1967
A recent Court of Appeal decision provides welcome clarity for issuers on the scope of their potential liability under the Misrepresentation Act 1967, …
Employers may owe duty of care to employees in conduct and settlement of claims
The Court of Appeal has ruled that a Police Commissioner, who was sued for vicarious liability for the actions of police officers, might arguably …
Expert evidence – the need to engage
A recent High Court decision illustrates the need for parties to cooperate in the process of producing expert evidence, to ensure the reports are …
A litigator's yearbook: 2016 (England and Wales)
2016 has been an eventful year on any measure. While it may not be remembered principally for developments relating to commercial litigation, there has …
Court of Appeal upholds summary judgment for breach of jurisdiction clauses
The Court of Appeal has rejected a jurisdiction challenge and upheld the grant of summary judgment in proceedings claiming damages for the commencement …
High Court applies narrow interpretation of “client” for purposes of legal advice privilege
In a decision handed down today, the High Court has applied the much-criticised Court of Appeal decision in Three Rivers No 5 to find that interviews …
Court of Appeal clarifies test for granting security for costs against non-EU claimants
A recent Court of Appeal decision has clarified how the court will exercise its discretion when granting an order for security for costs against a …
Court of Appeal finds trustees in bankruptcy could not waive bankrupt's privilege
In a recent judgment, the Court of Appeal has held that trustees in bankruptcy could not waive legal professional privilege of a bankrupt, even though …
Court of Appeal refuses to imply term where contract incomplete
The Court of Appeal has held, by a majority, that no binding agreement was reached between the seller of several flats and an estate agent, as the …
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