Christopher Edwards, Commercial barrister, writes informative update on the case of Capita (Banstead 2011) Ltd v RFIB Group Ltd [2015] EWCA Civ 310 case
25th January 2016
Christopher Edwards, Business and Commercial barrister, provides a case update in the matter of Capita (Banstead 2011) Ltd v RFIB Group Ltd [2015] EWCA Civ 310.
In this case, the Court of Appeal reconsidered the issue of continuing liability in the context of breach of contract, an area of law that has suffered from a level of uncertainty following decisions on similar facts leading to differing judgments.
The relevance of continuing breach normally relates to whether a Claim has been brought within time, with Claimants generally claiming that breaches caused by omission rather than commission are continuing until remedied, and Defendants claiming that the same breach is a discrete event. To read a full case review please download PDF article here
Related Articles
-
National barristers' chambers 3PB (3 Paper Buildings) has announced record financial results in 2023-2024 with turnover of £35.8m and receipts of £36.1m, a rise of 17.8% and 14.3% respectively from last year’s results of £30.4m and £31.6m. Simon Astill, 3PB’s Chief Executive, pictured here, said: “These have been hugely positive twelve months for all our twelve specialist teams. Our strategy of continuing to invest in technology to deliver remote hearings, legal research and resilience in...
Continue reading -
3PB Barristers’ specialist crime and regulatory barrister, Holly Fagan, secured not guilty verdicts for her client accused of engaging in coercive and controlling behaviour over a 4-year relationship, and one charge of assault by beating. Holly’s client accepted that it was a toxic and dysfunctional relationship but did not accept the criminal allegations. Holly’s detailed s28 cross-examination of the complainant highlighted the weaknesses and inconsistencies in her account. The unused material proved crucial to the...
Continue reading -
3PB are delighted to announce that family and education law barrister Aimee Fox has qualified as a Financial Remedy Law Arbitrator, able to hear divorce and family finance cases. She becomes a member of the Chartered Institute of Arbitrators (MCIArb) and a member of the specialist panel of family law arbitrators, managed by Resolution on behalf of the Institute of Family Law Arbitrators (“IFLA”). Aimee has an established practice specialising in financial remedies and private...
Continue reading -
Aaron Mayers (pictured here), specialist commercial barrister at 3PB Barristers’ (3 Paper Buildings), analyses the case of Last Bus Ltd v Dawsongroup Bus and Coach Ltd [2023] EWCA Civ 1297 and considers the application of UCTA 1977. This case revolves around the enforceability of a standard form exclusion clause in a hire purchase agreement. Specifically, it addresses the approach to assessing the reasonableness of such clauses, and the assessment of the parties’ bargaining power, under...
Continue reading
