Joanna Clark
CMS Cameron McKenna Nabarro Olswang LLP
Articles
Genuine ambiguity only: when are post-contract actings relevant to interpretation?
United Kingdom - March 3 2022 The Court of Session has reaffirmed the well-established principle that a court will not, generally, look to post-contract actings as an aid to…
Scottish court refuses application by instructed lawyers to act as the representative party in first Scottish class action decision
United Kingdom - February 10 2022 In July 2020, a new class action procedure, termed “group procedure” came into effect in Scotland (see our previous articles here and here). The…
Scottish Court rejects argument that Quincecare duty extends beyond internal fraud; allows claim to proceed on limited grounds
United Kingdom - September 6 2021 In the recent decision of Sekers Fabrics Ltd v Clydesdale Bank plc [2021] CSOH 89, a bank customer (“Sekers”) that had fallen victim to an authorised…
Scottish time bar: Scottish appeal court re-affirms the “harsh” rule
United Kingdom - July 30 2021 There has been an important decision on time bar from the Inner House, the Scottish appeal court, which resolves conflicting lines of authorities on…
Jurisdiction in claims for unpaid tuition: Guidance from the Scottish Courts
European Union, United Kingdom - April 21 2021 The Scottish Courts have recently considered whether a distance learning student at a Scottish University was a “consumer” for the purposes of…
