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Climate change action against directors dismissed07 June 2022
In one of the first cases of its kind, the High Court has dismissed an application to bring a claim for breach of duty against directors who, it was said, had failed to create a credible plan for disinvestment from fossil fuels.
Directors’ duties and climate change litigation: if not now, when?17 November 2021
For the last two weeks, many of us have been watching events unfold at the COP26 UN Climate Change Conference. Each day seemed to bring a mixed bag of news, some positive and some disappointing.
A customer refused to pay full price. Can we make them? Frances Simm writes for The Times06 October 2021
We’ve started supplying a new customer under our standard contract terms, but when they had our goods they demanded we accept a lower price and wouldn’t return what we’d sent. We were relying on their payment to meet some other costs so we accepted payment at the lower price. Is there anything we can do?
How can I get my supplier to give me the goods I’ve paid for? Rebecca Harries writes for The Times09 September 2021
I paid for some goods and the seller has not provided them. We had a contract and I don’t want compensation or money back, I just want the goods. I cannot get them elsewhere. What can I do?
The increasing popularity of group litigation – and the risk for corporates. Andrew Wanambwa comments for International Bar Association
Press06 September 2021
Group litigation is on the rise, spurred on by the global nature of business and the introduction in some jurisdictions of legislation friendly to, for example, class action lawsuits. In-House Perspective considers what’s driving the trend and its implications for corporate risk, and, by extension, for in-house counsel.
My supplier claims we made a deal over the phone but I disagree. Who’s right? Fraser McKeating writes for The Times
Press09 August 2021
One of my suppliers says we reached a deal but I don’t think we did. It was all done over the phone so I don’t have paper records. What can I do?
Did contractual dispute resolution clauses have immunity from the effects of Covid-19 and the lockdown restrictions?08 April 2021
As businesses plan to recommence operations, they must consider the legal implications of any action taken or contemplated to preserve contracts and business relationships and be alive to the potential consequences of action threatened or taken by other contracting parties. The actual or perceived amenable approach taken by some during the pressure of lockdown may quickly evaporate as the country returns to some sort of normality. This combined with economic uncertainty is likely to result in an increase in disputes.
Under pressure: what kind of pressure makes a contract unenforceable?08 April 2021
Even as lockdown eases, multiple periods of restrictions over a sustained period and the wider economic impact of the COVID-19 pandemic have made the performance of many commercial contracts very difficult, if not impossible. As a result, some parties have sought to avoid their obligations altogether, whilst others may seek to amend them as they begin their post-lockdown operations.
But you promised! Even without a written contract, promises can be enforced and rights given up.08 April 2021
Broken promises in commercial life can leave businesses in real difficulties. That feels particularly unfair when a party’s only mistake was to take the other at its word. Which is why in the normal course of things businesses should have written contracts to remove risk and uncertainty.