Recent Developments In Limitation – Article by Dov Ohrenstein
These seminar notes by Dov Ohrenstein, address issues concerning limitation periods including continuing duties, date of loss, date of knowledge, and the relevance of limitation periods to equitable claims such as for specific performance. Please click here to download the seminar notes. Please click here to view Dov Ohrenstein’s profile.
A Missed Opportunity – Article by Joshua Winfield
This article, by Joshua Winfield, was published in December’s edition of the Trusts and Estates Law & Tax Journal and considers the lessons of Re Longman. Please click here to download a copy of this article. Please click here to view Joshua Winfield’s profile.
Implementing The Unfair Terms Directive In Accessible Language: An Impossible Challenge? – Article by Malcolm Waters KC
This article, by Malcolm Waters KC, was published in this month’s edition of Butterworths Journal of International Banking and Financial Law. Please click here to download this article.
Key Developments In Contract Law – Economic Duress – Article by Dov Ohrenstein
These seminar notes by Dov Ohrenstein, consider the principles applicable to the doctrine of economic duress and examine the recent caselaw. Please click here to download the seminar notes. Please click here to view Dov Ohrenstein’s profile.
What Benefit? – Article by Marcus Flavin
This article, by Marcus Flavin, was first published in the June 2012 edition of Trusts & Trustees and examines the recent decision of Norris J in Wright v Gater. Please click here to download this article. Please click here to view Marcus Flavin’s profile.
Exclusions and Limitations of Liability – Article by Dov Ohrenstein
These seminar notes by Dov Ohrenstein, address the case law and statutory controls concerning exclusion and limitation of liability clauses and gives guidance as to how they can be drafted effectively. Please click here to download the seminar notes. Please click here to view Dov Ohrenstein’s profile.
Expanding The Horizons of Fairness – Article by Malcolm Waters KC, Elizabeth Ovey and Mark Fell
This briefing note first considers: the further general guidance on unfair terms issued by the FSA in January 2012 and its implications; and the specific guidance issued by the FSA at the same time on switching terms (that is to say, terms which permit mortgagees to convert an interest-only mortgage into a repayment mortgage). It […]
The Right Of Return: A New Sort of Money Back Guarantee For Banks? – Article by Elizabeth Ovey
This article, by Elizabeth Ovey, first appeared in the April 2012 issue of Butterworths Journal of International Banking and Financial Law and considers direct debit schemes in Europe and the recent decision of the Netherlands Supreme Court relating to a Dutch direct debit scheme. Please click here to download this article. Please click here to view Elizabeth […]
Through The Looking Glass – Article by Dov Ohrenstein
This article by Dov Ohrenstein appeared in the Commercial Litigation Journal. It considers the prohibition on the recovery of reflective losses under the rule in Foss v Harbottle and the circumstances in which shareholders may bring derivative claims under the Companies Act 2006 ss 260-264. Please click here to download this article. Please click here to […]
Reflective Loss and Derivative Claims – Article by Dov Ohrenstein
These seminar notes by Dov Ohrenstein address: The problem of Reflective Losses; Exceptions to the Rule in Foss v Harbottle with reference to the recent decisions; The types of derivative claims that can now be brought but could not be brought prior to the 2006 Act; Derivative claims against persons other than directors; The requirements […]
