On June 2, 2025, the Civil Justice Council (“Council”)—a public body that reviews and makes recommendations to the UK Government about the English civil justice system—published its much-anticipated report on litigation...more
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
Supreme Court restates the SAAMCO principle in relation to damages for negligent professional advice....more
A building society sued its auditors for the close-out costs of interest rate swaps entered into on reliance on advice that they could be accounted for as hedges. The High Court found negligence, which was the cause of the...more