• Warning: pay the correct issue fee or limitation may not stop running

    Commercial update: pay the correct issue fee or limitation may not stop running by Gavin Hamilton

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  • ‘Unreasonableness’: costs applications in the Small Claims Court

    'Unreasonableness': costs applications in the Small Claims Court by Joe England. In what circumstance should a Court determine that a Party to proceedings has behaved unreasonably, for the purpose of awarding Costs in small claims court?

    Joe England analyses the important decision from The Court of Appeal in Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269, which provides guidance on the meaning of 'unreasonableness', in the context of costs applications in the Small Claims Court, and more general guidance on when costs on that track should be awarded.

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  • ‘Avoided loss’ in the Supreme Court: Lowick Rose v. Swynson

    Commercial update: 'Avoided loss' in the Supreme Court - Lowick Rose v. Swynson - an analysis by Joe England. When can a claimant ask the Court to disregard a 'collateral' benefit, when assessing his damages? If he cannot, can he claim for a loss that has been suffered by somebody else?

    Joe England analyses the important Supreme Court decision in Lowick Rose LLP (in liquidation) v. Swynson Ltd [2017] UKSC 32, which grappled with these recurring problems in the assessment of damages.

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  • Contract: can acceptance by conduct override a requirement for signature?

    3PB's Joseph Giret QC analyses whether an acceptance by conduct overrides a requirement for signature in a contract

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  • Solicitors’ duty to advise on the risk of contractual meanings

    3PB Barrister Matthew Cannings examines solicitors' duty to advise on the risk of other contractual meanings. If a solicitor correctly interprets a term within a contract, but fails to advise the client as to the risk of a counter-interpretation, has there been a breach of duty? And can there be a claim for damages?

    Matthew Cannings (Call 2006) analyses the most recent contribution of the Court of Appeal to the question of solicitors' duties, in Balogun v Boyes Sutton & Perry (a firm) [2017] EWCA Civ 75.

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  • Unfair terms: when am I dealing on another’s standard terms of business?

    Commercial update: Unfair terms - when am I dealing on another's standard terms of business? - an update by Nicole Bollard

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  • Privilege under investigation

    Privilege under investigation: a commercial update by Charles Irvine. When will solicitor's working papers (as opposed to advice) attract privilege? And what is the scope of legal advice privilege ("LAP") and litigation privilege ("LP")?

    Charles Irvine (call 2010) analyses the recent case of Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Ltd [2017] EWHC 1017 (QB), its impact on its impact for civil litigation.

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  • The meaning of deleted terms; and IVAs in the Court of Appeal

    The meaning of deleted terms and voluntary arrangements in the Court of Appeal by Cheryl Jones - Narandas-Girdhar v. Bradstock [2016] EWCA Civ 88.

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  • An overview of the law relating to the Commercial Agents Directive

    Christopher Edwards provides an overview of the law relating to the Commercial Agents Directive and its latest developments in Webinar for Lexis Nexis.

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  • Negligent professional advice: a once-only breach

    Continuing breach is an area of law that has suffered from a level of uncertainty. In the context of professional risk, it is often important to limitation arguments, in order to determine when a breach of duty has occurred. Christopher Edwards (Call 2008) analyses the most recent contribution of the Court of Appeal, in Capita (Banstead 2011) Ltd v. RFIB Group Ltd [2015] EWCA Civ 310.

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  • Failed consideration, and additional damages; a game of two halves.

    If a contract for work and materials is performed badly, can there be a total failure of consideration? By what 'performance' is that question to be addressed? And can there also be a claim for damages? Christopher Edwards analyses the most recent contribution of the Court of Appeal to the question of total failure of consideration and damages, in Gartell & Son (a firm) v. Yeovil Town Football & Athletic Club Limited [2016] EWCA Civ 62, [2016] BLR 206, 164 ConLR 28

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