Loss of Chance – What if the Third Party Gives Evidence?

15 July 2019

When assessing what a third party would have done in certain circumstances, the court will typically consider the position on a loss of chance basis. However, what happens where that third party gives evidence at the trial? This issue recently arose in Moda International Brands Limited v Gateley.

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Assigned contracts: can an arbitration agreement be challenged under S.67 AA 1996?

15 July 2019

The Court has determined a novel point, namely that challenges to the assignment of arbitration agreements can be brought under s.67 AA 1996.

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Refund Please! High Court Awards full Purchase Price as Damages for Breach of Warranty

15 July 2019

The High Court has held that a purchaser was entitled to recover the entirety of the purchase price and retain the purchased shares for a breach of warranty relating to the accuracy of the target company’s accounts, which rendered the target worthless at the time of purchase.

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Rectifying a done deal

15 July 2019

What happens if you find out that the agreement you entered into was not what you had in mind? In the recent case of Persimmon Homes Ltd v Hillier and Creed, the Court of Appeal upheld a decision of the High Court ordering the rectification of a share purchase agreement and disclosure letter to reflect the parties’ common continuing intention.

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When only “ordinary” and “proper” will do

15 July 2019

The Court of Appeal examines the use which may be made of company funds which are subject to undertakings or freezing orders allowing only expenditure “in the ordinary and proper course of business”.

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Passport, Sun Cream, Parental Consent!!?

10 July 2019

We are all focused on remembering the holiday essentials, but often overlooked (usually in the case of separated families) is asking for parental consent.

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Mullet it over if it seems a bit phishy

14 June 2019

The judgment in World Proteins KFT v Persons Unknown confirms the Court’s willingness to permit restrictive injunctions against “persons unknown” in a fraud claim.

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Under Duress – Avoiding a Contract

14 June 2019

“Sign the agreement or else those pictures of you and the Duchess might end up in the hands of the Daily Mail…”. The English courts have never been fond of blackmail and it is now well-established that a contract may be avoided on the grounds of duress, where one party exerts illegitimate pressure on another such that the other party has no practical alternative but to accede to their demands and enter into a contract.

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Can a Company in a CVA Enforce an Adjudication Award?

14 June 2019

In Indigo Projects London Ltd v Razin & Anor the Court declined to enforce an adjudicator’s decision as it would interfere with the accounting exercise of Indigo’s Company Voluntary Arrangement (CVA).

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959 days later….

14 June 2019

In what could best be described as a rather ambitious application, in State A v Party B , the Applicant sought an extension of the 28-day time limit to issue a jurisdictional challenge despite the fact that the challenge was issued 959 days late. The Court, perhaps unsurprisingly, refused.

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