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Results: 1-10 of 13

Equity isn't just the exercise of judicial discretion

  • Borden Ladner Gervais LLP
  • -
  • Canada, United Kingdom
  • -
  • August 13 2013

Lawyers and, occasionally, judges may think that the equitable jurisdiction of the courts is simply an exercise of judicial discretion to avoid a

English court extends boundaries of vicarious liability, following Supreme Court of Canada’s lead

  • Borden Ladner Gervais LLP
  • -
  • Canada, United Kingdom
  • -
  • 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

Performance in good faith as a matter of ‘mutual commercial conduct’

  • Borden Ladner Gervais LLP
  • -
  • Canada, United Kingdom
  • -
  • 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

The limits of combat immunity

  • Borden Ladner Gervais LLP
  • -
  • Canada, United Kingdom
  • -
  • July 17 2013

The claims in three cases against the UK's Ministry of Defence (MoD) arose from military operations in Iraq, in which soldiers were either killed or

Interpreting ‘subject to consent, such consent not to be unreasonably withheld’

  • Borden Ladner Gervais LLP
  • -
  • Canada, United Kingdom
  • -
  • 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

Some limits on commercial common sense as an interpretive principle

  • Borden Ladner Gervais LLP
  • -
  • Canada, United Kingdom
  • -
  • June 4 2013

When you tell businesspeople that Canadian and English courts now recognise commercial common sense as a principle to be used in interpreting a

Sale of land by e-mail possible in England?

  • Borden Ladner Gervais LLP
  • -
  • Canada, United Kingdom
  • -
  • December 16 2011

In Ontario, transactions involving interests in land are specifically excluded from the scope of the Electronic Commerce Act

Limited waiver of privilege in dispute amongst oligarchs

  • Borden Ladner Gervais LLP
  • -
  • Canada, United Kingdom
  • -
  • 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

BLG Monthly Update

  • Borden Ladner Gervais LLP
  • -
  • Argentina, Australia, Canada, United Kingdom, USA
  • -
  • 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

Just when you thought the Privy Council’s jurisdiction was on the wane

  • Borden Ladner Gervais LLP
  • -
  • Canada, Honduras, United Kingdom
  • -
  • 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