Sit Up and Take Notice!

19 September 2019

Giving notice of a claim under a contract should be simple. But where contractual notice provisions apply, parties must be aware that any such notice must be given in accordance with those terms. The Court of Appeal’s decision in Stobart Group Ltd & Anor v William Stobart & Anor serves as a cautionary reminder of which all businesses should be cognisant.

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Swipe Again – Supreme Court to hear MasterCard Appeal

19 September 2019

This summer the Supreme Court confirmed it would hear Mastercard’s appeal of the long running consumer rights claim brought by Walker Merricks, with an estimated value of £14 billion. This will represent the final showdown that will hopefully provide much needed clarity on the future of UK group actions.

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Summertime and the livin’ is – not so – easy

19 September 2019

What if you decide that marriage is not for you? What if remaining unmarried suits you best? The way that society has developed has meant that individuals may feel constrained to follow a standard template. Even Parliament has enacted laws, which incentivises its citizens to get married and therefore reap the benefits of being formally joined in matrimonial harmony. Progress remains slow for giving cohabitants’ rights that are on an equal footing to married couples and this issue is not particularly high on Parliament’s agenda. However, as more couples cohabit, there will be a greater need to ensure that they are protected.

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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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