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Jurisdiction

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RPC | United Kingdom | 13 Jul 2021

Court issues stark reminder that breaches of rules on expert evidence will not be tolerated

​The High Court recently issued a stark reminder that breaches of the rules on expert evidence will not be tolerated. The court excluded expert evidence during trial as a result of serious and unexplained breaches of the terms of a court order and the basic principles of Civil Procedure Rule 35. The decision also serves as a valuable reminder of the important role that parties' solicitors......
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RPC | United Kingdom | 9 Feb 2021

New cause of action must arise out of substantially same facts that remain in issue at time of amendment

The Court of Appeal recently ruled that pleadings which have previously been struck out cannot be used to introduce a new, limitation-barred claim that arises out of substantially the same set of facts as the struck out claim. Parties looking to discontinue a claim or defend a strike-out application should carefully consider the implications that a strike out could have on any future claims......
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RPC | United Kingdom | 17 Nov 2020

More is more when giving notice of claims under SPAs

Failure to comply with a contractual requirement to give notice of a claim under a sale and purchase agreement can cause a buyer's claim to fail, even if the seller is already aware of the matters that give rise to the claim. The High Court recently provided a timely reminder that buyers should consider carefully the terms of the notice requirements and follow these rigorously.
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RPC | United Kingdom | 26 May 2020

Commission omission? High Court balances text and context in contractual interpretation

English law's flexible, rational, yet stable approach to contractual interpretation has been demonstrated again in a recent decision concerning commission payments. The decision is logical and sensible by reference both to the case's commercial context and the contract's wording and exemplifies the benefit of choosing English law as the forum for resolving contractual disputes.
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RPC | United Kingdom | 3 Mar 2020

Beware: English jurisdiction clauses do not mean choice of English law

Where parties have agreed in a contract that the English courts will have jurisdiction in the event of a dispute, it does not automatically follow that English law will be the governing law. A party recently found this out, to its cost, when a different governing law clause meant an expired limitation period. This case demonstrates that those entering into contractual agreements should......
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RPC | United Kingdom | 14 Jan 2020

Full and frank disclosure means more than just putting relevant matters in evidence – a new year warning

New year, new reminder of the obligation to make full and frank disclosure in without notice applications, this time in the context of a falling out within the UK Independence Party. The obligation can be satisfied only by drawing the court's attention to legal or factual matters which could undermine the applicant's own application; it is not enough to simply put relevant matters in evidence......
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RPC | United Kingdom | 24 Dec 2019

Guaranteed to fail? Oral funding arrangements may be enforceable

Funding arrangements should be in writing or at least impose a primary obligation on the funder to pay. So said the Court of Appeal when exploring whether an oral arrangement to fund a litigant was an unenforceable guarantee or an enforceable agreement to pay in any event. This case shows that as with all contracts, recording them in writing gives all parties certainty.
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RPC | United Kingdom | 17 Sep 2019

Pay heed to tiered dispute resolution clauses

The High Court recently upheld a tiered dispute resolution clause in accordance with established principles of contractual interpretation. The court ordered a stay of proceedings for mediation and, in support of the mediation, also ordered pleadings to be served in advance to optimise the prospects of a settlement. This decision continues the post-Sureterm union between commercial common......
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RPC | United Kingdom | 27 Aug 2019

Notice givers take care – ignore contracts at your peril

The Court of Appeal recently confirmed that an objective test will be applied when assessing whether a unilateral contractual notice has been validly given. This decision is a helpful reminder that the finer details of contractual notice provisions are not mere technicalities; parties must remain aware of the fact that failure to comply with the mechanics of the notice provisions set out in a......
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RPC | United Kingdom | 30 Jul 2019

Innocent party entitled to damages even though performance of contract was impossible

A recent Court of Appeal case considered the proper interpretation of exceptions or force majeure clauses and provided guidance on the correct application of the compensatory principle of damages. This case provides yet another warning about the need for clarity in drafting contractual clauses and the implications of getting it wrong.
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