Insights: Leigh Callaway

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Fladgate launches Dispute Resolution Hub

Simon Ekins, Leigh Callaway, Steven Mash |

The Fladgate Dispute Resolution group is delighted to launch the Fladgate Dispute Resolution Hub, containing news, legal commentary and analysis, and information about the team and how we can help you resolve your commercial disputes. To visit the Hub, and register for further updates, please click the link below. Dispute Resolution Hub  

Exclusion clauses, reasonableness and freedom of contract

Leigh Callaway |

Following a fire at its premises, Goodlife Foods Limited (Goodlife) commenced proceedings against Hall Fire Protection Limited (Hall Fire) for breach of contract and/or negligence in the supply and installation of a fire suppression system. In its defence Hall Fire sought to rely on an exclusion of liability clause contained within its standard terms and […]

Observe the formalities: the Supreme Court upholds anti-oral variation clauses

Leigh Callaway |

In a judgment with potentially wide-reaching commercial ramifications, the Supreme Court in Rock Advertising Limited (Respondent) v MWB Business Exchange Centres Limited (Appellant) [2018] UKSC 24, has overturned the Court of Appeal’s decision by holding that a ‘No Oral Modification’ (NOM) clause was legally effective. In 2011, Rock Advertising Ltd (Rock Advertising) entered into a licence […]

Is software a “good”?

Leigh Callaway |

In a recent decision, the Court of Appeal has determined that the Commercial Agents (Council Directive) Regulations 1993 (Regulations) do not apply when the agent in question is engaged in respect of the sale of intangible property – electronic goods cannot be regarded as such. Thus agents engaged in the sale of electronic items (such […]

Negotiating damages – a possible limitation on damages for breach of covenant

Leigh Callaway |

Loss in claims involving breaches of restrictive covenants or misuse of confidential information can often be difficult to prove and are easily challenged. In a claim for breach of covenant, it may be said that clients would have left along with the defendant employee in any event; or in the case of misuse of information, […]

Your claim has been declined

Leigh Callaway |

In July 2017, the Competition Appeal Tribunal (CAT) refused to approve the proposed £14 billion class action claim against MasterCard on behalf of 46.2 million consumers who purchased goods or services from UK businesses which accepted MasterCard between 1992 and 2008.  The claim followed on from the EU Commission finding in 2007 that MasterCard’s default […]

Commercial litigation: Asset-stripping and judgment avoidance

Leigh Callaway |

The ruling in Marex Financials provides a new useful tool against third parties dissipating a judgment debtor’s assets, says Leigh Callaway In a judgment that will be of interest to judgment creditors and debtors alike, in Marex Financial Ltd v Sevilleja Garcia [2017] EWHC 918 (Comm), Mr Justice Knowles considered whether a shadow director who […]

Fladgate announces senior associate promotions

Charles Wander, Yulia Leyko, Zehra Kofturcu, Leigh Callaway |

As part of the firm’s Route to Partnership policy, Fladgate is delighted to announce the promotions to senior associate of Leigh Callaway (dispute resolution), Zehra Kofturcu (corporate), Yulia Leyko (corporate) and Peter Reynolds (dispute resolution). Charles Wander, chairman of Fladgate comments: “We congratulate those promoted to senior associate.  These appointments reflect the partnership’s confidence in future […]

Fladgate associate Leigh Callaway elected President of the JLSLA

Leigh Callaway |

Fladgate LLP is delighted that litigation associate Leigh Callaway has been elected president of the Junior London Solicitors Litigation Association for a two-year term. The Junior LSLA was created in Summer 2011 to represent the interests of junior civil litigators in London, to provide an environment for learning and social interaction, and to assist junior […]

Group claims and the future of claimant litigation

Leigh Callaway |

The ability of a group or groups of multiple claimants to bring joint claims – a class action – has long existed in a number of legal jurisdictions. The best known jurisdiction is perhaps, the United States, which is renowned, perhaps unfairly, for big ticket group claims, involving many dozens if not hundreds of claimants, […]

Pursuing fraud claims – the correct approach

Leigh Callaway |

A party claiming fraud in proceedings brought under English law must adopt an exacting standard when setting out their allegations. Claims of fraud need to be unambiguous and specific, and the relevant causes of action and relief claimed clearly identified. The party alleging fraud must also be prepared to back up their claims in evidence, […]