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 arisen where the contract concerned includes provision limiting or excluding 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 The three Claimants were users of Apple Safari internet browsers. 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 legal terms and how are they to be distinguished from 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 charterers and the shippers of cargo as well as parties 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? Under what is properly called a guarantee the guarantor or 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 it disclose communications with PriceWaterhouseCoopers regarding a tax avoidance scheme Read more…