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Contentious Commentary - March 2017
  • Clifford Chance LLP
  • United Kingdom
  • March 16 2017

The latest edition of "Contentious Commentary", a newsletter that provides a summary of recent developments in litigation. The newsletter is produced


Financial Services Update: UK Court of Appeal Confirms Test for Implied Terms
  • Mason Hayes & Curran
  • United Kingdom
  • March 14 2017

A recent case highlights the courts' continued reluctance to imply terms into effective and coherent contracts and reaffirms the position established


Contracting Accidentally through Preliminary AgreementsA Writing “Subject To Contract” May or May Not be a Contract
  • Weil Gotshal & Manges LLP
  • European Union, United Kingdom, USA
  • March 8 2017

Abraham Lincoln is credited with the observation that calling a calf’s tail a leg does not mean the calf now has five legs. The calf’s tail does not


Duty of care owed by bank to customer to prevent fraudulent transactions
  • Collyer Bristow LLP
  • United Kingdom
  • March 8 2017

The High Court has held that a bank owed a duty of care to its customer when on notice that an agent acting for the customer was misusing his


Establishing a contract: subsequent negotiations and inconsistent intentions
  • Allen & Overy LLP
  • United Kingdom
  • March 6 2017

When determining whether parties had validly entered into a contract, the Court of Appeal held that it was wrong to disregard subsequent


Substantive inconsistency between express and implied terms
  • Allen & Overy LLP
  • United Kingdom
  • March 6 2017

The Court of Appeal has considered the question of when a proposed implied term should be considered “inconsistent” with an express term of a


If you borrow money, you have to pay it back
  • Taylor Wessing
  • United Kingdom
  • March 1 2017

A firm of solicitors borrowed money from the Respondent fund. The Appellants were jointly and severally liable to repay the debt as partners in that


Ruling on issuer liability in secondary market
  • Clyde & Co LLP
  • United Kingdom
  • February 1 2017

In December 2016, the Court of Appeal handed down its first ruling on the question of whether a claim under the Misrepresentation Act 1967 against an


The Court of Appeal has considered the test for implied terms in Irish Bank Resolution Corp Ltd (in special liquidation) v Camden Market Holdings Corp & 7 Ors (2017)
  • CMS Cameron McKenna
  • United Kingdom
  • February 1 2017

The Court of Appeal has reiterated that the starting point for the court when considering the existence of an implied term is to give effect to the


Top finance litigation and contractual developments in 2016
  • Allen & Overy LLP
  • European Union, United Kingdom
  • January 30 2017

In Finch & anr v Lloyds TSB Bank plc & ors 2016 EWHC 1236 (QB), the Court found that a lender did not owe a contractual or tortious duty to advise a