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04 Nov 2021

Corporate and commercial disputes update - November 2021


Welcome to our corporate and commercial disputes update, the bi-annual publication in which we summarise some of the most significant decisions from corporate and commercial cases in the English courts.

This edition includes:

  • Representing claimants: the rise of the class action
  • Disclosure is the 'price' to pay for a 'hint' of expert shopping – Rogerson v Eco Top Heat and Power Limited
  • Muller, cornered: the fraud and 'Muller' exceptions to the without prejudice rule (Berkeley Square v Lancer)
  • Unfair prejudice and the entitlement to buy-out: Macom v Bozeat
  • Good faith and unfair prejudice: Faulkner v Vollin Holdings
  • SAAMCO reconsidered: the purpose of advice
  • Limitation in professional negligence: (Sciortino v Beaumont and Elliot v Hattens)
  • Liquidated damages and delay: a victory for commercial common sense
  • Notice provisions: how much detail is reasonable detail? (Dodika v United Luck Group)
  • Contractual damages and exclusion clauses: you get what you bargained for (CIS v IBM)
  • Doctrine of duress clarified: lawful commercial pressure or economic duress?

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