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Endsleigh provided certain administration and claims handling services to Markerstudy. Markerstudy claimed for losses resulting from Endsleigh’s alleged overpayment in relation to the claims. There was...
European Commission proposes the 28th regime as alternative to national laws
The European Commission has proposed a new law spanning the European Union which would aim to increase cross-border trade. In 2008, only 7% of web site transaction were made cross-borders. Viviane Reding,...
European Commission wants to push ahead with Consumer Rights Directive
The European Commission has signalled its intent to push forward with its proposed Consumer Rights Directive. Viviane Reding, the Justice, Fundamental Rights and Citizenship Commissioner, would like to...
Economic duress to change the agreed contract price won’t work – Kolmar v Traxpo, High Court
You’ve secured an important deal to sell some products to a major customer. You’ve got an agreement with a supplier to buy the product. Everything’s in place…that is until your supplier suddenly...
The Sky’s the limit – an IT case affecting any type of goods or services contract
After 7 years in the legal arena, including 110 days in the courtroom, Sky has finally proved fraud against EDS.
On 26 January 2010, the Technology and Construction Court in London ruled that EDS had...
Economic downturn not a justification reason to invoke force majeure provisions – Tandrin Aviation v Aero Toy Store , High Court
It is official: the economic downturn is not a justification under most force majeure clauses for getting out of an unprofitable contract. That was the ruling of the High Court in this case. Here, D had...
Sky wins IT case worth hundreds of millions of pounds as liability clause not upheld because of fraudulent misrepresentation by EDS in sales process – Sky v EDS, High Court
Sky has won a long-awaited landmark case against EDS that is bound to have massive implications - not just for all IT contracts, but also for any business that has sales-people that push the boundaries...
Interpretatation of shareholder agreement
The High Court has considered a claim for a declaration as to the meaning of a price calculation clause in a shareholders agreement. The claim arose out a merger of two businesses. The parties had entered...
New rules to govern which country’s laws apply come into force on 17 December
Whenever contracting parties enter into some form of cross-border agreement, it is a good idea to agree which country’s laws apply and where any disputes would be held. Since 1980, an understanding in...
No prize for second place as Formula One sponsor loses US$4m contract battle due to acquiescing in breach – Force India v Etihad, High Court…
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...
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Litigation project management - a new way of estimating costs
Computer games designer’s failure to disclose his previous ideas meant employing company owned them – Burrows v Smith, High Court
Computer games designer’s failure to disclose his previous ideas meant employing company owned them – Burrows v Smith, High Court
"Fit notes" to be launched in April 2010
As an employer, have you the right to defend your property?
Framework to provide greater certainty on tax policy
A good compromise?
Tax Health Plan
Happy New Year