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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

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