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Contract

Will the English courts uphold contract clauses requiring disputes to be resolved by amicable discussion?

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…

By Anthony de Winton, 8 years2014-12-06 ago
Contract

Injunctions to restrain breach of contract

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…

By Anthony de Winton, 9 years2014-05-29 ago
Tort

Interference with privacy is a tort that is separate from breach of confidence

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…

By Anthony de Winton, 9 years2014-05-20 ago
Contract

What are indirect and consequential losses?

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…

By Anthony de Winton, 9 years2013-10-14 ago
Shipping

Overboard is over – Changes to MARPOL Annex V impact on the disposal of cargo residues at sea

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…

By Anthony de Winton, 10 years2013-06-12 ago
Contract

Guarantees and on demand bonds

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…

By Anthony de Winton, 10 years2013-06-12 ago
Legal Professional Privelege

Legal Professional Privilege

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…

By Anthony de Winton, 10 years2013-05-07 ago

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