Landmark Decision on the Scope of Economic Duress in English Contract Law

Articles

Landmark Decision on the Scope of Economic Duress in English Contract Law


On 18 August 2021, the Supreme Court gave judgment in Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40, a decision in which it clarified, amongst other things,… Read more »

CategoryArticles, News Author James Bradford Date

The Validity of Liquidated Damages Clauses: Eco World – Ballymore Embassy Gardens Company Limited v Dobler UK Limited [2021] EWHC 2207 (TCC; O’Farrell J)


A liquidated damages clause is, shortly put, one stipulating the money payable as damages for loss caused by a breach of contract, irrespective of loss suffered. Practitioners will be aware… Read more »

CategoryArticles Author Juan Lopez Date

Triple Point Technology: At Speed 2


In the second post of this three-part series, Alexander Burrell explores the first issue in the Supreme Court’s judgment in Triple Point Technology, Inc v PTT Public Company Ltd[1] – the interpretation… Read more »

CategoryArticles Author Alexander Burrell Date

Triple Point Technology: At Speed 1


The Supreme Court has now handed down its decision in Triple Point Technology, Inc v PTT Public Company Ltd[1]. There were two main issues before the Supreme Court: Issue 1:… Read more »

CategoryArticles Author Marion Smith QC, Alexander Burrell, Ruth Keating Date

Issues in Unfair Prejudice Petitions 2: Unfairness


In this series of posts, Anna Lintner analyses key aspects of unfair prejudice petitions: What constitutes conduct of the company’s affairs? Unfairness Section 994 Companies Act 2006 (“CA 2006”) permits… Read more »

CategoryArticles Author Anna Lintner Date

Reflections on Secretary of State for Health v Servier Laboratories Ltd: Keeping economic torts within their proper bounds


On 2 July 2021, a seven-judge panel of the UK Supreme Court handed down its judgment in Secretary of State for Health v Servier Laboratories Ltd[1] (“Servier”). The appeal concerned the tort… Read more »

CategoryArticles Author Philippe Kuhn Date

Issues in Unfair Prejudice Petitions 1: What constitutes conduct of the company’s affairs?


In this series of blog posts, Anna Lintner analyses aspects of unfair prejudice petitions. Section 994(1) of the Companies Act 2006 provides a mechanism for obtaining relief where a shareholder… Read more »

CategoryArticles Author Anna Lintner Date

SAAMCO Realigned: Scope of Duty and Recovery of Damages for Economic Loss


The extent of the responsibility assumed by a professional adviser, and the extent of their liability if they fail to act with reasonable care, have been the subject of many… Read more »

CategoryArticles Author Vivek Kapoor Date

The Quincecare duty of care: recent developments analysed


Introduction The “Quincecare” duty of care (derived from Barclays Bank plc v Quincecare Ltd [1992] 4 All ER 363) requires a bank to exercise reasonable care and skill in carrying… Read more »

CategoryArticles, News Author Anna Lintner, Philippe Kuhn Date

Insolvency “claw-back” provisions and the “safe harbour” defence in the EU Insolvency Regulation: Oeltrans Befrachtungsgesellschaft (C-73/20) in the CJEU


Doing cross-border business with those in financial difficulties is often a perilous business. In Vinyls Italia SpA (in liquidation) -v- Mediterranea di Navigazione SpA (C-54/16) [2018] 1 WLR 543 (see… Read more »

CategoryArticles, News Author Michael McParland QC Date

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