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
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
Incorrect advice given by an auditor as to the accounting treatment of interest-rate swaps did not make it liable for the close-out costs of those swaps which became necessary, following the application of the correct...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
A warranty in a receivables financing contract that BP was not prohibited from disposing of the receivable was not breached by a clause in the underlying oil sale contract prohibiting assignment without the other party’s...more
In R (on the application of Aviva Life & Pensions (UK) Ltd) v Financial Ombudsman Service & ors [2017] EWHC 352 (Admin), the Administrative Court held that a decision of the Financial Ombudsman that an insurer’s avoidance of...more
A settlement that required the defendant to pay a sum into an escrow account which would be paid out to the claimant in certain agreed circumstances did not itself ascertain a loss for the purposes of the defendant’s...more
Anthony McGill v The Sports and Entertainment Media Group & ors [2016] EWCA Civ 1063, 4 November 2016 -
The Court of Appeal has held that a football agent could recover damages on a loss of chance basis from a rival...more
The High Court held that a mistaken reference in an interest rate swap confirmation to the 1992 ISDA Master Agreement instead of the 2002 ISDA Master Agreement could not be corrected by interpretation. However on the facts...more