In recent years there has been an increasing frequency of commercial contracts that include provisions requiring disputes to be the subject of amicable discussion before being the subject of arbitration or litigation. Such provisions may in part be intended to Read more…
The English Court of Appeal has issued a recent judgement[1] that may assist future applicants for an interim injunction (a court order prior to judgement) to restrain breach of a contract. The judgement appears to clarify an issue that has Read more…
In a recent decision[1] the English High Court has confirmed that interference with privacy exists as a tort (delict) under English Law that is separate and distinct from a claim based on breach of confidence The Facts of the case Read more…
Wording excluding liability for “indirect or consequential losses” frequently appear in contracts. The familiarity of such wording tends to encourage acceptance and to obscure the fact that its meaning may be uncertain. What exactly does “indirect” or “consequential” mean in Read more…
Regulations for the prevention of pollution by garbage from ships are set out in Annex V of the MARPOL convention. Recent changes to Annex V came into effect on 1 January 2013 that may impact on the legal position of Read more…
Guarantees are frequently used in connection with commercial and shipping transactions. A recent decision of the English Court of Appeal1 has revisited the important distinction between guarantees and demand bonds under English law. What is a guarantee under English law? Read more…
UK Supreme Court holds that legal professional privilege does not extend to communications between a client and its accountants. The facts of the case are that HMRC (the UK tax authorities) had served a notice on Prudential PLC requiring that Read more…