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Legal update

Company sales – is forfeiture of earn out an unenforceable penalty?

The Court of Appeal has cast some doubt on whether forfeiture clauses and forced 'call options' are enforceable in Makdessi v Cavendish Square.
29 November 2013

Legal update

Disclosure of Defendant’s Insurance

Insured parties entering disputes and insurers generally should take note of the potential shift in balance between parties arising from a judge having the policy.
29 November 2013

Publication

English Disclosure and the French Blocking Statute

The Court of Appeal recently handed down a judgment concerning the interaction between the "French Blocking Statute" and French companies' disclosure obligations in English Courts.
29 November 2013

Legal update

Security for costs

Can you make a claimant put up some funds at the start of a case to cover any cost award in your favour? The Court has formal rules governing when a judge can require security for costs.
28 November 2013

Legal update

Copyright protection for computer software - Court of Appeal holds firm

In SAS Institute Inc v World Programming Ltd, the Court of Appeal recently dismissed an appeal by SAS concerning the extent to which copyright protection can be granted to computer software.
26 November 2013

Publication

Taking an interest in insurance

This article describes how a third party can take an interest in insurance cover and key issues to look out for when doing so including noting an interest, loss payee clauses and co-insurance.
26 November 2013

Publication

Financial Services Series; Issue 2

Welcome to this issue of Financial Services Series dealing with the FCA’s enforcement powers and process. Read on for tips on the smooth management of the regulated firm’s relationship with the FCA.
25 November 2013

Legal update

Doorstep selling regulations apply even where the customer asked for the visit

Our dispute resolution team considers the regulation surrounding cold calling and looks at the significant case of Salat v Barutis.
22 November 2013

Legal update

Local Council winning when it was wrong

When responses to consultations are not properly considered by local councils, affected members of the public can, in theory, bring Judicial Review proceedings. What do the courts think?
22 November 2013

Publication

Should schools be liable for failings of third party contractors?

This article looks at Woodland v Essex County Council [2013]UKSC 66 where a 10 year old girl suffered severe brain damage during a swimming lesson organised by her school but provided by a contractor.
22 November 2013

Legal update

Safety of land on which children may play – and who is liable for injury

A points decision? The Court of Appeal has overturned a judgment against a council found liable for an injury sustained when a child punched a water fountain.
21 November 2013

Legal update

Everybody’s wrong – contracts which don’t reflect the agreement you reached

Poor drafting: Are parties bound by a contract even if it contains written terms neither party intended to be bound by?
21 November 2013
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