180 results
17 Apr 2020 10:39
Carluccio’s Limited (in administration): Administration and furlough arrangements with employeesBy Lisa Linklater and Harriet Hartshorn Snowden J gives urgently sought directions to administrators in respect of furlough arrangements with employees following a remote video hearing in the matter of Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch). Introduction The current global more...
9 Apr 2020 14:25
Vicarious Liability – the move is overOn 1 April 2020, the Supreme Court handed down judgment in two conjoined Vicarious Liability cases: WM Morrisons Supermarkets plc v Various Claimants [2020] UKSC 12 and Barclays Bank plc v Various Claimants [2020] UKSC 13. In this article, Michael Patrick reviews those judgments and considers their more...
7 Apr 2020 14:48
Another skirmish on the boundaries of vicarious liability: data protection this timeWM Morrison Supermarkets plc (Appellant) v Various Claimants (Respondents) [2020] UKSC 12 On appeal from: [2018] EWCA Civ 2339 – read judgment The following summary is based on the Supreme Court’s press report. This appeal concerned the circumstances in which an employer can be held to be more...
4 Dec 2019 15:06
Execution of documents: UK banks focus on Treating Customers FairlyExecuting documents in today’s fast-paced, technology-driven world In today’s mortgage market, consumers are increasingly used to conducting their social and financial lives at the click of a button. Despite conveyancers, consumers and lenders all moving towards increased digitisation, the live more...
13 Nov 2019 10:42
Judgment in Royal Mail abuse of dominance case with all-Monckton cast listThe Competition Appeal Tribunal has today dismissed Royal Mail’s appeal against a finding by Ofcom that it abused its dominant position to exclude a competitor. The Tribunal’s judgment provides important guidance as to the approach for deciding whether conduct is an abuse of dominance. In particular more...
11 Nov 2019 13:56
Commercial update: Good faith and ‘matching’ in commercial contractsNeil Fawcett analyses the Commercial Court’s recent decision in New Balance Athletics, Inc v Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837 (Comm), as part of LexisPSL’s Case Analysis Expert Panels. The case analyses the interpretation of an implied term of good faith, as well more...
28 Oct 2019 16:45
New Balance v Liverpool [2019] EWHC 2837 (Comm)Judgment was given today in the case of New Balance v Liverpool [2019] EWHC 2837 (Comm), in which Theo Barclay was the first junior counsel for Liverpool. Liverpool won the case, stopping New Balance from blocking a future kit sponsorship deal with Nike worth hundreds of millions of pounds. The case more...
24 Oct 2019 14:14
The problem with the Rights of Entry (Gas and Electricity Boards Act 1954)How interim injunctive relief can assist both individuals and businesses when locked in a dispute with their energy provider. 1. Energy suppliers may obtain a warrant from the Magistrates Court to enter a property and disconnect the gas supply. Such an application is made pursuant to Section 2 (1) more...
24 Oct 2019 13:46
The Limits of Applying Partnership Law to Quasi-Partnership Companies: Badyal v Badyal & Ors [2019] EWCA Civ 1644To secure an order for the #winding-up of a Quasi-Partnership company on the Just& Equitable ground, is it necessary only to show that mutual trust and confidence between the shareholders/quasi-partners has broken down? Hardwicke investigates the recent case of Badyal v Badyal & Ors [2019] EWCA more...
24 Oct 2019 10:08
Incoterms®2020 – key amendmentsUpdated every 10 years, the Incoterms® rules provide an outline for the allocation of costs and risk, and the respective responsibilities of buyers and sellers for the delivery of goods under sales contracts. The updated 2020 Rules are substantively the same as the 2010 rules, however, a number of more...
24 Oct 2019 10:05
Gladman Developments Limited – forget cash, evidence is king!The Court of Appeal upheld that a planning inspector’s refusal to grant planning permission for a residential development primarily due to a lack of evidence to prove the effectiveness of the proposed air quality measures in Gladman Developments Ltd. v (1) Secretary of State for Communities and more...
23 Oct 2019 09:06
Louis Browne QC and Ian Whitehurst instructed on landmark £100 million data breach claim against EquifaxHayes Connor Solicitors has instructed Louis Browne QC and Ian Whitehurst from Exchange Chambers to advise on the UK’s first representative data breach claim in the High Court. The action could see Equifax ordered to pay up to £100 million in compensation to its estimated 15 million UK customers more...
22 Oct 2019 10:23
Philip Moser QC and Ewan West act in first Concessions Contracts caseOcean Outdoor v London Borough of Hammersmith & Fulham [2019] EWCA Civ 1642 The Court of Appeal has given judgment in Ocean Outdoor, the first case turning on the Concessions Contract Regulations 2016 (“the CCRs”). The lead judgment was given by Coulson LJ, formerly the presiding judge in the TCC more...
22 Oct 2019 09:58
Theo Barclay acts for Liverpool Football ClubToday marks the start of a three-day trial in the Commercial Court between Liverpool Football Club and New Balance. The case sees New Balance seek to prevent Liverpool FC from appointing Nike as kit sponsor. Hailsham’s Theo Barclay is instructed as Junior Counsel for Liverpool. This case is being more...
16 Oct 2019 10:27
Signing Off and Signatures in the Digital Age: Neocleous & Anor v Rees [2019] EWHC 2462 (Ch)Does the automatic insertion of a sender’s name and contact details in an email footer, known as a “Signature”, meet various statutory requirements that a document be signed? Hardwicke’s Commercial Dispute Resolution team considers in this case report the case of Neocleous & Anor v Rees [2019] EWHC more...
16 Oct 2019 10:26
Negotiating Retail CVAs – where are we now? Amanda Eilledge considers the recent decision in Discovery (Northampton) Limited v Debenhams [2019] EWHC 2441 (Ch)Retail CVAs are big news these days. Amanda Eilledge takes a look in this article at the latest case on the topic – Discovery (Northampton) Ltd v Debenhams. more...
16 Oct 2019 10:06
Formation of contract and enforcement of terms: What negotiators need to knowGwendoline Davies, Head of Commercial Dispute Resolution, and James Crayton, a partner in the Commercial Contracts Team, offer practical advice arising from the recent case of Volumatic v Ideas for Life [1], which highlights the risks of doing business in the absence of a concluded contract. Why is more...
15 Oct 2019 11:43
Commercial update: Mistake in commercial contractsSeb Oram analyses the Commercial Court’s recent decision in Natixis SA v Marex Financial [2019] EWHC 2549 (Comm), as part of LexisPSL’s Case Analysis Expert Panels. What is the scope for common mistake in commercial contracts? Can a party’s standard terms limit or exclude liability, even where there more...
3 Oct 2019 11:17
Simon Lofthouse QC and Zulfikar Khayum successfully defeat challenge to partial arbitral award in respect of £1bn claimSimon Lofthouse QC and Zulfikar Khayum have successfully defeated a challenge to a partial Arbitral Award brought by a joint venture contractor in respect of a £1bn claim brought by their client who was the employer under a contract for the construction of a state-of-the-art hospital in Doha. To more...
2 Oct 2019 11:05
Nothing to smile about: Dentists’ contract dispute highlights potential pitfalls for commercial partiesGwendoline Davies, Head of Commercial Dispute Resolution at Walker Morris, offers practical advice for commercial contracting parties following the Court of Appeal’s decision in NHS England v Vasant [1]. Why is this case of interest? This recent case involved the application and interaction of ‘no more...
Showing 41 - 60 of 180