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Obligation to negotiate in good faith?

Matheson
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Ireland, United Kingdom
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November 30 2009

Traditionally the common law has refused to recognise a duty to negotiate in good faith in run-of-the-mill transactions between parties acting at arm’s length on the basis that such obligations are too uncertain

Once more unto the breach: court reconsiders NetTV and exclusion clauses for deliberate breach

Matheson
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United Kingdom
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September 13 2012

Following the decision of the High Court of England and Wales in the NetTV case, there was a strong presumption against the ability of an exclusion clause to exclude liability for a deliberate repudiatory breach

Duty of care on websites

Matheson
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United Kingdom
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November 30 2009

The Court of Appeal in England has held that a trade association was not liable to users of its website in respect of statements made on the website

The importance of distinguishing between direct and indirect losses

Matheson
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Ireland, United Kingdom
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June 15 2010

A recent case before the High Court in the UK, GB Gas Holdings Limited v Accenture, provides a useful insight into the distinction between direct and indirect losses and it serves as a reminder that when parties are seeking to exclude their liability, it is important to expressly exclude such liability rather than relying on the general exclusion for indirect losses or for loss of profits

Recent decision by the English High Court is significant as it did not apply the traditional test for liquidated damages

Matheson
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Ireland, United Kingdom
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March 25 2011

The English High Court (the "HC") in Azimut-Benetti SpA v. Darrell Marcus Healey upheld a liquidated damages type of clause by granting a summary judgment in favour of a shipbuilder (the “claimant”

High Court upholds Ryanair’s website terms of use in “screen-scraping” case

Matheson
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United Kingdom
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March 31 2010

In an Irish High Court judgment delivered on 26 February 2010, Mr Justice Michael Hanna ruled that Ryanair's online "Terms of Use", and in particular, the exclusive jurisdiction clause contained therein (which provided that the courts of the Republic of Ireland would have exclusive jurisdiction in respect of any dispute) were binding, and constituted an "agreement" for the purposes of Article 23 of the Brussels Regulation

Can parties choose an alternative governing law to opt out of the applicability of the Commercial Agency Regulations?

Matheson
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Ireland, United Kingdom
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June 15 2010

In a recent High Court case in England, it was held that even where parties choose a non-EU governing law in an agreement, the Commercial Agency Regulations (and indeed any other mandatory EU laws) must be followed

Indemnities in a business sale

Matheson
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United Kingdom
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March 25 2011

The English Court of Appeal has held that an indemnity clause was validly assigned to the purchaser of a business under a business sale agreement in the case of Shaw v Lighthouseexpress even though the relevant contract containing the indemnity had been terminated

Use or abuse of a data access request?

Matheson
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Ireland, United Kingdom
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September 13 2012

The High Court recently dismissed an appeal by Dublin Bus in relation to an enforcement order issued by the Data Protection Commissioner on the basis that the existence of legal proceedings between a data controller and a data subject does not preclude the data subject from submitting a data access request even if such request is being used as an alternative or supplement to discovery

BSkyB EDS litigation: pre-contractual representations

Matheson
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Ireland, United Kingdom
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June 15 2010

On 27th January 2010, the London Technology & Construction Court (a division of the English High Court) delivered its long anticipated judgment in one of the costliest, longest running and most notable IT disputes in recent years

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