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Results: 1-7 of 7

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

  • Matheson
  • -
  • Ireland, United Kingdom
  • -
  • 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”

All that glitters consumer rights and gold trading

  • Matheson
  • -
  • United Kingdom
  • -
  • March 25 2011

On 14 February 2011, the UK's Office of Fair Trading (the "OFT") completed an investigation into companies which buy gold from consumers using the postal service

Indemnities in a business sale

  • Matheson
  • -
  • United Kingdom
  • -
  • 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

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

  • Matheson
  • -
  • United Kingdom
  • -
  • 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

Film studios win battle in online infringement

  • Matheson
  • -
  • United Kingdom
  • -
  • November 3 2011

Six film studios, including Warner Brothers and Disney, took an action seeking an order requiring BT to block access to a particular site, www.newzbin.com, which allowed users to share data files, predominantly films and music

Franchisors beware: terminate with care

  • Matheson
  • -
  • Ireland, United Kingdom
  • -
  • November 3 2011

A recent decision of the English High Court in the case of MMP v Antal(1) is significant for both franchisors and franchisees

Time is up - contractual notice provisions

  • Matheson
  • -
  • United Kingdom
  • -
  • September 13 2012

The UK Commercial Court examined the notice provisions in a share purchase agreement between the parties in the case of Ener-G Holdings plc v Hormell