Commercial disputes
Excluding liability (and avoiding judicial red ink)
Exclusion clauses – by which a party excludes or restricts a liability or duty that would otherwise arise – are common 'boilerplate' provisions in commercial agreements.
Read moreSuccessful lawsuit against bank in Singapore but appeal due
In Deutsche Bank AG v Chang [2012] SGHC 248, the Singapore High Court has upheld a retail investor's claim that the bank owed a pre-contractual duty of care to advise him as to (among other things) the preservation of his new wealth, despite contractual disclaimer and estoppel points arising out of a subsequently signed service agreement with the bank.
Read moreSubstantively procedural: Delineating boundaries in cross-border litigation
In a recent decision, the High Court has ruled that the manner in which expert evidence should be given is to be determined by reference to the procedural law of the forum and not the applicable, substantive law governing the dispute.1
Read moreGoing viral: Supreme Court on YouTube
It has now been two weeks since the launch of the UK Supreme Court's YouTube channel.[1]
Read moreSecurity Trustee – fiduciary or mortgagee?
The High Court has recently given judgment in a case* relating to the duties owed by a security trustee to mezzanine lenders, in circumstances where the security trustee is enforcing security on behalf of senior lenders.
Read moreCourt dismisses interest rate swap misselling case
Green & Rowley v RBS1, the first reported case of its kind to come before the English court, saw Mr Green and Mr Rowley – property developers operating in a partnership (the "Claimants") – bring proceedings against the Royal Bank of Scotland (the "Bank"), alleging that they had been mis-sold an interest rate hedging product.
Read moreThe meaning of (commercial) words
Arguing over the meaning of words is an archetypal lawyerly activity and one which litigators accustomed to disputes over contractual construction know all too well.
Read moreEnforcing Insolvency Orders in England & Wales following Rubin v Eurofinance
The UK Supreme Court judgment in the conjoined cases of Rubin and another v Eurofinance SA and others and New Cap Reinsurance Corporation (in Liquidation) and another v AE Grant and others [2012] UKSC 46, which provides vital clarification on the effect of foreign insolvency judgments on the UK courts.
Read moreInjunctive relief in support of foreign proceedings: don't fall at the first hurdle
Following RPC Commercial Litigation Blog post "Granting interim relief in support of foreign proceedings: the expediency test revisited",...
Read moreWhose claim is it anyway?
COURT HAS WIDE DISCRETION WHEN ADDING, REMOVING AND SUBSTITUTING PARTIES
Read moreGranting interim relief in support of foreign proceedings: the expediency test revisited
Will the English courts grant claimants a worldwide freezing order ("WFO") or other interim relief in support of foreign proceedings, even if a defendant has no assets in the jurisdiction?
Read moreGuardian Care Homes v Barclays Bank PLC – LIBOR manipulation: update
SERIOUSLY ARGUABLE CASE ON LIBOR-FIXING SURVIVES INTERLOCTUTORY STAGE
Read moreIllegality – it's a question of proportionality
The recent case of ParkingEye v Somerfield Stores Limited saw the Court of Appeal grapple with the impact of illegality in contracts.
Read moreCounterclaims and Part 36 offers
Picture the situation, your client is the Defendant in proceedings where it has asserted a large Counterclaim.
Read moreThe danger of sitting on your right to appeal
Two recent Court of Appeal cases have illustrated that the courts will take a strict approach to unsuccessful litigants who bring appeals out of time.
Read moreWhen should open justice be curtailed? Russian oligarchs learn the answer
It is an important principle of civil justice that proceedings are ordinarily conducted in public in open Court.
Read moreBeware of "settling" for standard form settlement wording
The recent decision of the Court of Appeal in the case of Kazeminy v Siddiqi1 highlights the potential pitfalls that await parties who rely on standard form settlement wording to settle complex multi-party disputes.
Read moreHMRC scores own goal in insolvency ruling regarding the Football League
In HMRC v The Football League Ltd1 the High Court delivered judgement on the controversial "football creditor rule" operated by The Football League.
Read moreA Defendant's Assets - What About Their Pension Fund?
In the recent case of Blight and others v Brewster1, the High Court allowed a judgment debt to be enforced against part of a defendant's pension fund.
Read moreSome Other Good Reason - Default Judgment and the Court's Discretion
The Court can set aside default judgment where either: (a) the defendant has a real prospect of successfully defending the claim; or (b) it appears to the court that there is some other good reason why the judgment should be set aside or varied or the defendant should be allowed to defend the claim.
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