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Results: 1-10 of 41

Recovering wasted management costs

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 29 2012

Significant management costs can be incurred when one party is required to reorganize internal resources or divert staff from their usual activities in order to investigate, manage and mitigate the effects of the other party's breach of contract

Recovering losses incurred in settlement of a third party claim

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 30 2011

Under the usual principles of causation, in order to be successful in its claim before a court or tribunal, the claimant has to demonstrate that there has been a breach of contract and that that breach caused the claimant loss andor damage, and has to prove the quantification of that loss

English High Court upholds two challenges to jurisdiction

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 22 2013

The English High Court has recently set aside two arbitration awards under section 67 of the Arbitration Act 1996 (1996 Act) on the grounds of lack

Liquidated damages clauses unenforceable as penalties

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 24 2010

In our last newsletter we discussed the basic principles of liquidated damages clauses

Terminating contracts for "material breach"

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 30 2009

In our March 2007 newsletter, we examined the English law position in relation to clauses which entitle a party to terminate a contract in the event of a "material breach" by the other party

Dispute resolution clauses and the importance of drafting

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 14 2010

A dispute resolution clause is an agreement within a contract which sets out the mechanism for the resolution of disputes between the contractual parties

Basic principles of liquidated damages

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • January 22 2010

In this newsletter we explore some of the important principles behind liquidated damages under English law

An end to “speculative” challenges to arbitral awards? The English courts raise the sanction of indemnity costs for unmeritorious s68 applications

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 3 2013

Over the past few years, we have seen a substantial rise in the number of applications to the English court challenging arbitral awards on grounds of

The battle of the forms

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 20 2010

In this month's newsletter, we look at a difficulty that frequently arises in negotiating supply contracts where both parties try to insist that the contract should be concluded on their own standard terms