Drafting contracts – key lessons from 2023

Our Corporate team’s recently published annual contract law update briefing considers a number of interesting contract law cases from 2023 which highlight key points for those involved in drafting or managing contracts. The cases chosen deal with formation, interpretation and implied terms, exclusion and limitation clauses, good faith and contractual discretion, force majeure and novation. In each … Read more

High Court grants broad disclosure in support of non-party costs application against director / funders

The High Court has granted an order for disclosure of information relating to the funding of proceedings, in support of a potential non-party costs order against the claimant’s director and majority shareholder, and potentially other funders: Topalsson GmbH v Rolls Royce Motor Cars Ltd [2024] EWHC 297 (TCC). The decision illustrates the court’s willingness to … Read more

Court of Appeal considers duties owed by solicitors operating advice helplines

A Court of Appeal decision handed down last week contains helpful guidance as to the circumstances in which solicitors may owe tortious obligations to prospective clients who seek limited and preliminary advice from a law firm’s advice helpline – an increasingly common method used by firms to attract new business: Carol Miller v Irwin Mitchell … Read more

Competition collective proceedings: broad right of appeal and no general prohibition on communications between defendants and class members

In December the Court of Appeal issued a key decision on the developing competition class action regime in the Competition Appeal Tribunal (CAT), in the context of a follow-on action against major shipping companies on behalf of purchasers of motor vehicles. The judgment is of wider significance for two important reasons: It confirms that, as … Read more