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Performance in good faith as a matter of ‘mutual commercial conduct’
- Borden Ladner Gervais LLP
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- Canada, United Kingdom
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- March 19 2013
As in Canada, the general position in England is that there is no duty of good faith in the negotiation of contracts: see Martel Building Ltd v
Interpreting ‘subject to consent, such consent not to be unreasonably withheld’
- Borden Ladner Gervais LLP
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- Canada, United Kingdom
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- February 9 2012
The English Commercial Court has fleshed out the principles to be applied in interpreting this oft-used phrase in a commercial contract: Porton Capital Technology Funds v 3M UK Holdings Ltd, 2011 EWHC 2895 (Comm
Privilege and tax law advice: who gives the advice matters
- Borden Ladner Gervais LLP
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- Canada, United Kingdom
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- March 5 2013
"In this world nothing can be said to be certain, except death and taxes." (Benjamin Franklin, 1817). But if you get the right legal advice, you can
BLG Monthly Update
- Borden Ladner Gervais LLP
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- Argentina, Australia, Canada, United Kingdom, USA
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- December 19 2012
The BLG Monthly Update is a digest of recent developments in the law which Neil Guthrie, our National Director of Research, thinks you will find
Limited waiver of privilege in dispute amongst oligarchs
- Borden Ladner Gervais LLP
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- Canada, United Kingdom
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- December 16 2011
Boris Berezovsky (oligarch B) brought a claim in the court of Chancery against the heirs of Arkadi Patarkatshishvili (AP, for ease of reference) for a 25 interest in Rusal, an aluminium company, under the terms of an alleged oral agreement
A bank's innocent mishandling of a client's funds subject to a Mareva injunction freezing order leads to a finding of contempt of court
- Borden Ladner Gervais LLP
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- Canada, United Kingdom
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- April 4 2008
A recent English decision highlights the danger that even a well-intentioned financial institution may face if it fails to strictly obey a Mareva injunction order freezing the accounts of one of its clients
Sale of land by e-mail possible in England?
- Borden Ladner Gervais LLP
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- Canada, United Kingdom
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- December 16 2011
In Ontario, transactions involving interests in land are specifically excluded from the scope of the Electronic Commerce Act
English court extends boundaries of vicarious liability, following Supreme Court of Canada’s lead
- Borden Ladner Gervais LLP
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- Canada, United Kingdom
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- January 19 2012
A decision of the Queen’s Bench division appears to have extended significantly the boundaries of vicarious liability: JGE v English Province of Our Lady of Charity, 2011 EWHC 2871
Just when you thought the Privy Council’s jurisdiction was on the wane
- Borden Ladner Gervais LLP
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- Canada, Honduras, United Kingdom
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- September 19 2012
Canada abolished appeals to the Judicial Committee of the Privy Council in 1949 (although the last Canadian case Ponoka-Calmar Oils Ltd v Earl F Wakefield Co, 1960 AC 18 to go to London wasn’t actually decided until 1959
UK Supreme Court complicates international insolvencies
- Borden Ladner Gervais LLP
- -
- Canada, United Kingdom
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- December 19 2012
The central question in Rubin v Eurofinance SA, 2012 UKSC 46, was whether the English courts ought to recognise the order or judgment of a foreign court
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