Error: Can't connect Warning: mysqli_query() expects parameter 1 to be mysqli, null given in /home/customer/www/hsfnotes.com/public_html/wp-content/themes/hsfnotes/template-parts/tpl_filters.php on line 186
Warning: mysqli_fetch_assoc() expects parameter 1 to be mysqli_result, null given in /home/customer/www/hsfnotes.com/public_html/wp-content/themes/hsfnotes/template-parts/tpl_filters.php on line 187
In what is now the leading authority on the application of the decision in South Australia Asset Management Corpn v York Montague Ltd [1997] AC 191 (SAAMCO), the Supreme Court has held that a mutual building society’s claim for damages for economic loss fell within the scope of its auditor’s duty of care in giving … Read more
In this eighth episode of our series of commercial litigation update podcasts, we give a brief update on developments relating to jurisdiction and the enforcement of judgments post-Brexit, and on disclosure, as well as considering recent cases on witness evidence, the without prejudice rule, and when the courts will hand down judgment despite the parties … Read more
The High Court has found that, when exercising its discretion as to whether to designate a force majeure event under a plumbing franchise agreement due to the Covid-19 pandemic, the franchisor was in breach of duty in failing to consider the franchisee’s need to self-isolate: Dwyer (UK) Franchising Ltd v Fredbar Ltd & Bartlett [2021] … Read more
A High Court Master has granted summary judgments to the landlords of commercial premises in their claims for payment of rent due since the outbreak of the Covid-19 pandemic and imposition of consequent restrictions in March 2020: Bank of New York Mellon (International) Ltd v Cine-UK Ltd [2021] EWHC 1013 (QB). Among other arguments raised … Read more
The Court of Appeal has held that a buyer’s notice of claim complied with the requirements set out in the tax covenant to an SPA, setting aside summary judgment which had been awarded to the sellers: Dodika Ltd v United Luck Group Holdings Ltd [2021] EWCA Civ 638. This decision overturns the first instance decision … Read more
The High Court has granted the sellers of a company summary judgment on their claim for specific performance of a clause requiring payment of consideration from an escrow account, as the purchaser’s claims had not been properly notified in accordance with the relevant contractual provisions: Arani & Ors v Cordic Group Ltd [2021] EWHC 829. … Read more
The High Court has dismissed an application for an injunction to prevent an airline group from making demands under bank-confirmed standby letters of credit (SBLCs), securing aircraft leases granted to the claimant (a budget passenger airline), on the basis that it was not sufficiently arguable that the leases were frustrated due to the effects of … Read more
In a recent decision, the High Court has struck out claims against a defendant bank alleging implied fraudulent misrepresentations in relation to LIBOR, on the basis that the claimants had failed to plead that the alleged representations were actively present in their mind when entering into the products in question and therefore the claim stood … Read more
In a recent decision, the High Court has found that a clause in a settlement agreement which was aimed at protecting a business’s IP rights was not penal, despite imposing “undoubtedly extremely harsh” consequences for breach of certain obligations in a settlement agreement. Under the clause, the relevant party would cease to receive any payment … Read more
