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Misrepresenting Warranties: can a freestanding warranty ever be a representation too?
  • Bryan Cave Leighton Paisner (BLP)
  • United Kingdom
  • August 22 2016

The recent case of Idemitsu Kosan v Sumitomo (2016) reminds us of the key differences between warranties and representations. It highlights

Banking update: report and review on recent cases and issues
  • Gowling WLG
  • United Kingdom
  • September 29 2011

We acted for a client defending a claim of alleged misselling of payment protection insurance, where the borrower had acquired a vehicle on hire purchase through a dealer.

The uncomfortable truth
  • MacRoberts LLP
  • United Kingdom
  • September 22 2011

In the recent case Regus (Maxim) Limited v The Bank of Scotland plc, 2011 CSOH 129 the Court of Session has considered whether a letter issued by the Bank of Scotland in the context of a wider commercial agreement could be used to create an enforceable legal obligation, and be relied on as such, or whether it was merely a letter of comfort, without legal standing.

Insurance contract law: update on disclosure and representation
  • Locke Lord LLP
  • United Kingdom
  • September 7 2011

Since the Law Commission and Scottish Law Commission’s (the Commissions) joint review of insurance contract law began in January 2006, we have regularly reported on its progress.

Taxpayer’s trading profits should be treated in accordance with the applicable accountancy standards of the time, not those of another industry
  • RPC
  • United Kingdom
  • June 22 2011

The appellant taxpayer (S), a sole trader, appealed against the decision of the First-tier Tribunal that the adoption by his accountant (T) of the accounting practice prevalent in the construction industry at that time was not appropriate.

Indemnity clauses in commercial contracts: how to achieve desired contractual risk allocation
  • Piper Alderman
  • Australia
  • June 7 2011

An indemnity clause is a contractual transfer of risk between two contractual parties generally to prevent loss or compensate for a loss which may occur as a result of a specified event.

Can I get busted for someone else's cyber attack?
  • Duane Morris LLP
  • USA
  • May 31 2011

Businesses, governments, and individuals rightly are concerned about potentially becoming victims of Cyber crimes and attacks.

Gentra Canada Investments Inc v Lipson
  • WeirFoulds LLP
  • Canada
  • May 18 2011

In this decision, the Court of Appeal affirmed that a cause of action for solicitor’s negligence is assignable.

Class complaint filed in New York over anti-bacterial hand soap claims
  • Shook Hardy & Bacon LLP
  • USA
  • May 12 2011

A New York resident has filed a putative class action in federal court against a company that makes anti-bacterial hand washes, alleging that its product promotions are deceptive and misleading.

Jurisdiction of DIFC courts
  • Herbert Smith Freehills LLP
  • United Arab Emirates
  • April 19 2011

The Courts in the Dubai International Financial Centre (DIFC) are an attractive forum for international businesses to resolve their disputes in the Middle East.