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The Court of Appeal has given a clear statement of guidance on the test for repudiatory breach, following years of differing legal cases in relation to this issue.
Eminence Property Investments Limited...
Liquidated damages does not always need to be genuine pre-estimate of loss to be enforceable – Azimut-Benetti v Healey, High Court
Liquidated damages are clauses in contracts that provide for a pre-agreed value to be paid in the event of a breach of contract by one of the parties. Commonly, they are used when there is a delay to performance....
Software reseller’s failure to provide accurate information entitled licensor to terminate – Softlanding Systems v KDP, Court of Appeal
KDP licensed S to act as a reseller for KDP’s software. The agreement required S to pay royalties and provide reports and certain information to KDP, including who the end users were, the contracts with...
FTSE-350 struggling to appreciate software escrow
Nearly half of FTSE-350 companies do not have software escrow agreements in place with their software supplier. That is according to a report produced by the NCC Group, the leading provider of software...
Court of Appeal sets out guidance for how long to wait when terminating a contract for other party’s repudiatory breach – Force India v Etihad, Court of Appeal
Etihad Airways – the Abu Dhabi airline – was a sponsor of the Force India Formula One racing team when the team had been called Stryker. The team had a further investor which owned the Kingfisher beer...
Information Commissioner’s Office approves NHS Trust’s wide application of duty of confidentiality exemption to freedom of information laws
Under the Freedom of Information Act 2000, people anywhere in the world have the right to see information held by more than 100,000 UK public bodies about the way in which decisions are made and public...
Equality Act comes into force for service providers
The Equality Act 2010 has come into force with effect from 1 October. What that means for anyone providing a service (or goods or facilities) to the public or a section of the public (whether for payment...
Formula One team breached contract for failing to allow driver to test drive racing car for 6,000km – Van der Garde v Force India Formula One Team, High Court
Van der Garde was a racing driver. Under an agreement, he had paid Force India US$3m to test drive their car in the 2007 Grand Prix season for a minimum of 6,000 kilometres. Subject to holding a valid...
Better late…
Customers would have just 30 days to pay invoices under a new draft Directive proposed by the European Parliament. The law, called the ‘Late Payment Directive’, would limit payment periods for invoices...
Top Gear not quick enough as BBC unable to get injunction to prevent identity of The Stig being revealed – BBC v HarperCollins, High Court
The BBC car show, Top Gear, has achieved a certain cult status amongst its regular viewers. Included within that is a character called The Stig, who was an anonymous character dressed in a white suit given...