Beware of a penalty shoot-out -
The rule against penalties is rooted in public policy, aiming to prevent contractual provisions that punish the breaching party rather than protecting the interests of the innocent party. The...more
3/10/2025
/ Breach of Contract ,
Contract Disputes ,
Contract Terms ,
Damages ,
Dispute Resolution ,
Enforcement ,
Penalties ,
Public Policy ,
UK ,
Unenforceable Contract Terms ,
Waivers
The UK Supreme Court interprets contractual provisions, and implies a term, to find in favour of a group of Tesco employees who argued that the supermarket chain was not entitled to fire and rehire them on less advantageous...more
A manager or executive under investigation, either internally by the company, or by an authority, should understand the protection offered by D&O policies and company indemnity contracts, and in particular what those products...more
Professional Indemnity (PI) insurance is intended to cover specified losses suffered by a business (or individual acting in their professional capacity) where it is alleged that the business has caused loss to its clients or...more
A checklist setting out the key terms that insureds should review when notifying a claim or negotiating the terms of a professional indemnity insurance policy.
Originally published in Practical Law....more
Directors’ and officers’ liability insurance will often cover the cost of legal representation for senior management when responding to, or participating in, regulatory or criminal investigations. Cover may be available for...more
A checklist setting out the key terms that insureds should review when notifying a claim or negotiating the terms of a directors’ and officers’ liability insurance policy.
...more
The Court of Appeal has today upheld the joint appeals by The Prudential Assurance Company Limited (PAC) and Rothesay Life Plc (Rothesay) against Snowden J’s refusal to sanction the transfer of a portfolio of annuities from...more
The High Court has struck out the claims of over 200,000 individuals and businesses affected by the collapse of the Samarco dam in Brazil in 2015. At the root of the finding in Municipio de Mariana v BHP Group plc and BHP...more
The Court of Appeal of England and Wales has upheld the High Court’s verdict in Kadie Kalma & ors v African Minerals Ltd & ors [2020] EWCA Civ 144. This is an important case for businesses exposed to human rights risks...more
The Court of Appeal of England and Wales has upheld the High Court’s verdict in Kadie Kalma & ors v African Minerals Ltd & ors [2020] EWCA Civ 144. This is an important case for businesses exposed to human rights risks...more