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Results: 1-10 of 281

Jurisdiction clauses

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • January 30 2010

This case concerns a series of complex agreements relating to equities and foreign exchange trading concluded between the claimant, an investment bank domiciled in Germany, and the defendant company incorporated in the Turks and Caicos Islands

When is a Part 36 offer not a Part 36 offer?

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • May 25 2012

PHI Group Limited v Robert West Consulting Limited clarifies the costs consequences of offers which fall outside the Part 36 costs regime

Disclosure of insurance and funding details

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • December 3 2012

A party to litigation is only required to reveal its insurance position and the means by which it is funding its claim or defence in certain circumstances

Email acceptance of offer

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • March 26 2010

There is no authority to say whether an email acceptance is effective when it arrives or at the time when the offeror could reasonably have been expected to read it

When should a defendant make a Calderbank offer?

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • July 31 2012

Recent developments have reduced the costs protection afforded by Calderbank offers and asserted the importance of making fully compliant Part 36 offers

Third party claims against insurers

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • August 16 2011

The claimants leased premises damaged by fire in 2006

Time bars and estoppel

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • November 28 2011

Although there is no general duty owed by one party to litigation to correct the mistakes of the other, there are circumstances in which deliberately allowing the other party to continue in a mistaken belief will be unconscionable

Surveyors’ liability to buy-to-let purchasers

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • October 25 2010

Smith v Bush established that a valuer instructed by a lender owes a duty of care to the purchaser of residential property at the lower end of the market

Lloyds TSB Bank Plc v Markandan & Uddin meaning of “completion”

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • March 2 2012

Where the defendant firm of solicitors had caused, through no fraud of their own, mortgage monies paid to it to be paid out to fraudsters in breach of the terms of their instructions and authority, it had acted in breach of trust

Pre-action costs

  • Mills & Reeve LLP
  • -
  • United Kingdom
  • -
  • January 30 2010

The bank sought to enforce a guarantee against the defendant in proceedings (the Guarantee Claim