Marks & Spencers: Refunds and implied terms – Article by Dov Ohrenstein
Dov Ohrenstein analyses last week’s decision of the Supreme Court in Marks & Spencers v BNP Paribas [2015] UKSC 72, which should be of interest to anyone considering the question of how and when a court will imply terms into contracts. Please click here to read the full article.
Eclairs Group Ltd v JKX Oil & Gas plc [2015] UKSC 71: A sticky problem for directors? – Article by Dov Ohrenstein
The Supreme Court this week handed down judgment in Eclairs Group Ltd v JKX Oil & Gas plc [2015] UKSC 71 concerning directors’ powers under sections 793-797 of the Companies Act 2006 which provide that a company can issue a disclosure notice calling for information about persons interested in its shares and can restrict the […]
When do lawyers come under enhanced/wider duties? Giambrone and all that – Article by Shantanu Majumdar
Off the back of his successful involvement in the case of Various Claimants v Giambrone & others [2015] EWHC 1946 (QB) – the Professional Negligence Bar Association asked Shantanu Majumdar to speak at their Annual Lawyers’ Liability Conference last month on one aspect of this many-faceted case. Here are the lecture notes.
Challenging fraudulent judgments – Article by Dov Ohrenstein
To set aside a judgment on the grounds of fraud, is it necessary to show that the evidence of fraud was unavailable at the trial and could not have been obtained with reasonable diligence? In May 2015, two High Court Judges gave totally contradictory answers to this question. Please click here to continue reading this […]
Tracing backwards and through overdrawn accounts – Article by Dov Ohrenstein
Anyone involved in cases concerning the tracing of assets will be interested in Durant v Brazil [2015] UKPC 35, a recent decision of the Privy Council. In this article Dov Ohrenstein examines this case and its impact on future cases. Please click here to read the full article.
In good faith? What is the impact of the good faith doctrine on commercial contracts – Article by Dov Ohrenstein
Dov Ohrenstein writes for the New Law Journal on the impact of the good faith doctrine on commercial contracts. The article can be accessed here.
An impossible position: fraud claims, solicitors and their fees – Article by Shantanu Majumdar
This article written by Shantanu Majumdar considers a solicitor’s liability to account in respect of fees received from its defendant client where a claimant makes a proprietary claim to the proceeds of fraud Please click here to read the full article.
The Cup Trust: The tribunal decision – Case report by Francesca Quint
This case report by Francesca Quint, covers the recent First-tier Tribunal decision on the two applications brought by the Trustee of the registered charity, The Cup Trust. Please click here to download the case report.
Tree roots: more knotty problems – Case report by Stephen Acton
This case report by Stephen Acton considers two recent Court of Appeal cases, Brent v Family Mosaic Housing [1] and Robbins v LB of Bexley [2], which have looked again at what is required to establish liability in cases of encroaching tree roots. Please click here to download this case report.
Lloyd v Browning: Excluding liability for mis-representation – Case report by Dov Ohrenstein
This case report by Dov Ohrenstein, covers the recent Court of Appeal decision in Lloyd v Browning, which held that that where a buyer had been induced by oral misrepresentations to enter into a contract to buy a property, the seller could rely on a standard form of non reliance clause to avoid liability. Please click here […]
