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Results: 1-10 of 16

Do the UK’s interest on late payment rules apply to my international contract?
  • Squire Patton Boggs
  • United Kingdom
  • July 8 2014

The UK High Court has given a useful ruling on when statutory interest can be charged on debts arising under contracts expressed to be subject to


Exclusive jurisdiction clause does not apply to non-parties to the agreement
  • Squire Patton Boggs
  • United Kingdom
  • October 29 2009

In Morgan Stanley & Co International Plc v China Haisheng Juice Holdings Co Ltd, the High Court considered whether an exclusive jurisdiction clause extended to claims made against a non-party to an agreement


High Court clarification of illegality defence
  • Squire Patton Boggs
  • United Kingdom
  • October 29 2009

As a matter of public policy, the courts will not allow a claimant to enforce an illegal contract or otherwise to benefit from his own wrongdoing


Courts required to assess of their own motion whether terms fair under UTCCR 1999
  • Squire Patton Boggs
  • Spain, United Kingdom, European Union
  • October 29 2009

In a reference from the Spanish courts in the case of Asturcom Telecomunicaciones SL v Maria Cristina Rodriguez Nogueira, the ECJ has considered whether, in proceedings involving a term in a consumer contract, a national court must consider of its own motion whether that term is unfair within the Unfair Terms in Consumer Contracts Directive (9313EEC) (the Directive


'Subject to contract' waived where parties performed before agreement signed
  • Squire Patton Boggs
  • United Kingdom
  • March 30 2010

In RTS Flexible Systems v Molkerei Alois Müller GmbH, the Supreme Court has held that where a clause in a draft contract provided that the contract would not become effective until signed by the parties, the parties had waived that requirement by beginning work on the project


Court of Appeal reaffirms rule that without prejudice material may not be used as an aid to interpretation
  • Squire Patton Boggs
  • United Kingdom
  • March 30 2010

In the case of Oceanbulk Shipping & Trading SA v TMT Asia Limited, the Court of Appeal has overturned the High Court's ruling and reaffirmed the rule that without prejudice material may not be put before a court to assist in the interpretation of a settlement agreement


Court of Appeal confirms low threshold for duty to mitigate loss
  • Squire Patton Boggs
  • United Kingdom
  • March 30 2010

In Lombard North Central PLC v Automobile World (UK) Ltd, the Court of Appeal has reiterated that the duty to mitigate losses caused by a breach of contract is not a demanding one


Personal liability of directors for company acts of IP infringement
  • Squire Patton Boggs
  • United Kingdom
  • January 28 2010

In Boegli Gravures SA v (1) Darsail (2) Andrei Pyzhov, the High Court summarised when a director will be personally liable for an intellectual property infringement committed by the company


Company not a ‘subsidiary’ where parent has charged its shares
  • Squire Patton Boggs
  • United Kingdom
  • January 28 2010

In Enviroco Limited v Farstad Supply AS, the Court of Appeal held that where a parent company provided shares in its subsidiary as security for a loan and the shares were registered in the name of the lender, the subsidiary would no longer be a ‘subsidiary’ within the meaning of sections 736 and 736A of the Companies Act 1985


Guidance on ‘Wrotham Park' damages for breach of contract
  • Squire Patton Boggs
  • United Kingdom
  • January 28 2010

In Pell Frischmann Engineering Limited v (1) Bow Valley (2) P T Bakrie, the Privy Council has given guidance on how ‘Wrotham Park’ damages should be assessed