Read more about Dispute Resolution
The Brussels Regulation normally determines which courts could or should deal with litigation in the EU. Duncan Quinan gives his view on what's next. Read more
For almost 60 years the court has been asked to consider what happens to money already paid by way of instalments in relation to a contract if the contract is rescinded and the seller retains the property which is the subject matter of the contract? Read more
While lawyers were all brought up on the principle of “freedom to contract”, there appears to be a growing trend that the Courts are today prepared to take a more restrictive approach when it comes to construing scope of an exclusion clause. The latest example of this can be found in the recent Court of Appeal case of Kudos Catering (UK) Limited –v- Manchester Central Convention Complex Limited [2013] EWCA Civ 38. Read more
Ben Ruggles discusses the recent decision in Ebbvale Ltd v Hosking and the relevance of a creditor's purpose in presenting a winding up petition. Read more
Some criticise the law for standing still, while society marches on. The law as to what is an unenforceable penalty clause was first set out almost 100 years ago in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC79. Read more
Victory for the banks in the first swaps mis-selling case was short-lived. Last week the FSA reported back on pilot cases examined under its redress scheme. More than 90% of sales were made in breach of FSA rules. Compensation is expected to be significant, with the four biggest banks having already made provision totalling £700m between them. Read more
This is the abridged version of "Mis-selling of financial products: a win for the banks", and you can read the full article in knowledge. Green and Rowley v RBS is the first reported case examining allegations of mis-selling of an interest rate swap. Although the claim failed, the decision should not deter other would-be claimants, particularly since it turned almost entirely on its facts. Read more
In one of the most eagerly awaited and significant rulings of recent times, the Supreme Court, by a majority of 5-2, has ruled that accountants will not be able to claim legal advice privilege in relation to tax advice provided to their clients. Read more
The case of Brit Inns Ltd & others v BDW Trading Ltd & others [2012] EWHC 2489 (TCC) offers a useful summary of the costs principles that will apply where a claimant has exaggerated the value of its claim and a defendant has failed to protect its position by making an appropriate Part 36 offer. Read more
The collapsed prosecution of the Farepak directors appears to have been a monumental waste of public money. It should never have been brought. Reports suggest that the cost to the taxpayer of the 5 year investigation could be as much as £20 million. This includes the directors’ legal costs which were conceded by the prosecution. Read more
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