Importantly for commercial parties, the decision indicates that parties are assumed to be aware of this approach.
Liquidated damages clauses provide pre-agreed remedies for contracting parties in the event of particular...more
New “range of factors” test suggests broad use in future civil matters and fairer, more nuanced outcomes.
The High Court has applied the new fact-sensitive “range of factors” test in Harb v Aziz to determine whether a...more
The UK Supreme Court has unanimously ruled that the criminal dishonesty test in R v Ghosh is wrong and that courts should no longer follow this test. The recent decision in Ivey v Genting Casinos clarifies that the test for...more
Corporations should take steps to ensure their internal investigations are not used against them in English litigation.
A recent decision in an English court could have important consequences for internal corporate...more
In Akers (and others) v. Samba Financial Group [2007] UKSC 6, the UK Supreme Court has confirmed the limited nature of British insolvency officer-holders’ ability to void dispositions of a company’s assets held on trust. The...more
Recent decision adopts less formal, more expansive test for the defence of illegality in English law.
Overview -
The UK Supreme Court has rejected a formal “reliance” test to determine whether a defendant to a...more
The UK Supreme Court has rejected a formal “reliance” test to determine whether a defendant to a civil claim can rely on the claimant’s wrongdoing to defeat the claim, replacing it with a more fact-sensitive “range of...more