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Results: 1-10 of 1,293

Contractual risk allocation of concurrent delay trumps prevention principle
  • Clayton Utz
  • Australia, United Kingdom
  • August 16 2018

Cases involving concurrent delay are few and far between. A recent decision of the English and Wales Court of Appeal in North Midland Building Ltd v


Court of Appeal finds ISDA jurisdiction clause trumps 'theoretically competing' clause in separate agreement governing wider relationship
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 15 2018

Consistent with recent authority, the Court of Appeal has given primacy to an English jurisdiction clause in an ISDA Master Agreement (overturning the


Public interest immunity materials must be read by judge and cannot be disclosed into a confidentiality ring
  • CMS
  • United Kingdom
  • August 13 2018

The Court of Appeal has held that when considering an application to vary or discharge a search warrant, a judge must not decline to read relevant


Real Estate Update: Wild Duck Limited v Smith 2018 EWCA Civ 1471
  • Rosling King LLP
  • United Kingdom
  • August 10 2018

In 2002 planning permission was granted (and subsequently renewed in 2006) to Mr Colin Smith, the owner of the freehold site at Waters Edge (and the


Sleep-in workers’ entitlement to national minimum wage
  • Spratt Endicott Solicitors
  • United Kingdom
  • August 10 2018

In the consolidated case of Royal Mencap Society v Tomlinson-Blake; Shannon v Rampersad (ta Clifton House Residential Home) 2018 EWCA Civ 1941, the


The prevention principle is not an overriding principle of law: express terms allocating risk of concurrent delay still prevail
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 9 2018

The Court of Appeal judgment in North Midland Building Limited v Cyden Homes Limited 2018 EWCA Civ 1744, which was handed down last week, firmly


Bank does not owe a contractual duty to its customers relating to its conduct during IRHP reviews
  • TLT LLP
  • United Kingdom
  • August 8 2018

The Court of Appeal has refused permission to appeal the High Court's decision in the case of Elite Property Holdings Ltd and another v Barclays Bank


Clarification provided on the service of claims out of the jurisdiction under S.423 IA 1986
  • Ashfords LLP
  • United Kingdom
  • August 6 2018

The Judgment handed down by the Court of Appeal in Orexim Trading Ltd v Mahavir Port And Terminal Private Ltd (formerly known as Fourcee Port and


Chernukhin v Danilina: Court of Appeal rejects "sliding scale" test in assessing quantum of security for costs
  • Clyde & Co LLP
  • United Kingdom
  • August 6 2018

The first instance decision in this case was reported in Weekly Update 0618. The defendants sought security for costs against the claimant on the


Court of Appeal Attempts to Cut Gordian Knot(weed)
  • Hardwicke
  • United Kingdom
  • August 6 2018

Common law private nuisance cases involving the invasive non-native plant, Japanese knotweed (JK), received a considerable amount of attention in the